HomeMy WebLinkAboutAGENDA REPORT 2006 0802 CC REG ITEM 08AMOORPARK CITY COUNCIL
AGENDA REPORT
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CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Direct
Prepared By: Joseph Fiss, Principal Planner
DATE: July 20, 2006 (CC Meeting of 08/02/06)
SUBJECT: Consider General Plan Amendment No. 2003 -04, Zone Change No.
2003 -03, Development Agreement No. 2004 -01, Tentative Tract Map
No. 5463, and Residential Planned Development Permit No. 2003 -04
for Fifty -One (51) Single - Family Homes on 43.04 Acres North of
Championship Drive and East of Grimes Canyon Road, on the
Application of Toll Brothers, Inc.
BACKGROUND
This proposed fifty -one (51) home development, adjacent to the Country Club Estates
project, was reviewed by the Planning Commission on March 22, April 26, and June 28,
2005, and public comments were received. On June 28, 2005, the Planning
Commission adopted Resolution No. PC- 2005 -484 recommending to the City Council
adoption of a Mitigated Negative Declaration and approval of the proposed General
Plan Amendment, Zone Change, Tentative Tract Map, and Residential Planned
Development Permit. Following Planning Commission review of this project, a draft
Development Agreement was prepared with oversight by a City Council Ad -Hoc
Committee (Council Members Parvin and Millhouse). On June 27, 2006, the Planning
Commission considered, the draft Development Agreement and adopted Resolution No.
PC- 2006 -502, recommending its approval to City Council. Staff reports for these
Planning Commission meetings are attached. The City Council public hearing for the
project and Development Agreement was scheduled and noticed for July 19, 2006, but
was continued to allow staff time to work with the applicant to clarify details in the draft
Development Agreement and to provide additional information on questions raised by
City Council at the July 19 meeting.
DISCUSSION
This project is proposed in conjunction with the existing Country Club Estates Project.
The existing project consists of two- hundred - sixteen (216) single - family dwellings and
twenty -seven (27) holes of golf, with a clubhouse and maintenance facilities, located at
Morpri_sery \City Share \Community DevelopmentDEV PMTS \R P D\2003 -04; TR 5463 Toll Bros\Agenda Rpts \CC age 0608_2.doc # e p
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Honorable City Council
August 2, 2006
Page 2
the northern City limits on the west side of Walnut Canyon Road and extends westerly
to include frontage on Grimes Canyon Road. The original project (RPD No. 1994 -01,
Conditional Use Permit No. 94 -01, Vesting Tentative Tract Map No. 4928, General Plan
Amendment No. 94 -1, and Zone Change No. 94 -1) was approved on April 17, 1996.
Several modifications have been approved relating to the number of golf course holes,
timing of improvements and landscaping, fencing and clubhouse requirements. A
subsequent General Plan Amendment and a Zone Change were approved to align land
use designation and zoning boundaries with tract boundaries, and to clarify set backs
for ornamental orchards. The City Council approved Minor Modifications to clarify
Conditions of Approval on July 2, 2003. A Conditional Use Permit to allow the sale of
liquor in conjunction with the golf course and clubhouse was approved on August 20,
2003.
Toll Brothers, Inc. filed an application for this project on December 23, 2003. Changes
in the General Plan designations on the site from Rural Low Residential (RL), Open
Space — 2 (OS -2) and Public Institutional (PUB) to Medium Low Density Residential
(ML), Open Space — 2 (OS -2) and Public Institutional (PUB) and changes in Zoning on
the site from Rural Exclusive — 5 acre minimum lot size (RE -5ac), Open Space — 500
acre minimum (OS- 500ac), and Institutional (1) to Residential Planned Development
1.73 units per acre (RPD- 1.73u), Open Space — 500 acre minimum (OS- 500ac) and
Institutional (1) are requested for the development of fifty -one (51) single - family homes.
Issues discussed by the Planning Commission when reviewing both the proposed
project in 2005 and the draft Development Agreement in 2006 included consistency with
the open space requirements of the City's Hillside Management Ordinance (Chapter
17.38 MMC) and visual impacts to the existing residences in the Country Club Estates
project.
Hillside Management Ordinance
Chapter 17.38.030 M. allows the exemption of a project from the requirements of the
Hillside Management Ordinance through a Development Agreement. The project as
proposed is not consistent with the Hillside Management Ordinance and an exemption
would be required if it is to be approved. The majority of the site will be mass - graded to
create streets and pads. The cut and fill on site will be balanced. Under the Hillside
Management Ordinance, this project would be required to provide 18.8 acres of
ungraded open space on site. The applicant is proposing to maintain 2.0 acres of open
space on site. This has been found to be a potentially significant environmental issue,
unless mitigated off site. With off -site mitigation, an increased amount of open space
should be provided. The Initial Study and Proposed Mitigated Negative Declaration call
for a minimum ratio of four (4) acres of off -site ungraded open space to be provided for
every one (1) acre of required ungraded open space that is not provided on site. Since
there is a deficit of 16.8 acres on site, a minimum of 67.2 acres of ungraded open space
must be provided for off -site mitigation. This open space can be physically provided, or
a fund could be established through the City for this purpose. This is discussed in detail
f ) () 9V1`112
Honorable City Council
August 2, 2006
Page 3
in the Initial Study. It should be noted that the Development Agreement calls for the
purchase and dedication of seventy -two (72) acres of off -site open space, an amount
that would more than satisfy the mitigation measure.
Visual Impacts
Although not considered a "significant impact" from an environmental perspective, visual
impacts from the project merit review and discussion. Currently, the properties south of
Championship Drive have a view of an unimproved hillside to the north. Should the
project be built, this view would change. The applicant has proposed grading and
landscaping at the top of the slope to screen the proposed homes from the view of the
existing homes on the south side of Championship Drive. Page two (2) of the Tentative
Tract Map exhibit demonstrates the relationship between the existing and proposed
homes (Attachment 2A). It should be noted that under the current zoning at least eight
single family homes could be built on this property. It is quite likely that each of the
eight homes would be sited in such a manner as to take full advantage of the views of
the valley and as a result would be able to view down upon the existing residents of
Moorpark Country Club Estates.
Other unique developer requirements of the Development Agreement include the
provision of funding for a minimum two (2) inch rubberized asphalt overlay of
Championship Drive from Grimes Canyon Road to Walnut Canyon Road, the provision
of an easement to the City for a City "Welcome Sign" on the project site, and the
payment of $25,000 to the City for the construction and erection of the sign. Other than
these requirements, the draft Development Agreement is fairly consistent with the
Birdsall Development Agreement approved by the City Council on May 17, 2006. The
terms will ensure that the project will be developed consistent with the goals of the
City's General Plan.
This application has been processed and evaluated concurrently with an application for
a Modification to RPD No. 1994 -01 and Tentative Tract No. 5464 for a 36 -home
expansion of the existing Country Club Estates project to the northeast, adjacent to
Walnut Canyon Road also by Toll Brothers, Inc. One Mitigated Negative Declaration,
one General Plan Amendment application, and one Zone Change application have
been prepared for both projects; therefore, one draft Resolution for the proposed
General Plan Amendment and Mitigated Negative Declaration has been prepared; and
one draft Ordinance for the Zone Change has been prepared. The Resolution and
Ordinance are attached to the agenda report for Tract 5464. Since both projects are
presented on the same City Council agenda, it is recommended that the public hearings
be held concurrently. It should be noted that although both projects have been
processed concurrently, they should be considered as stand -alone projects and
evaluated independently.
()0€0013
Honorable City Council
August 2, 2006
Page 4
As a result of Development Agreement negotiations, and ongoing public concerns and
input, several new issues have arisen. These issues are:
• Timing of Improvements on Championship Drive and Construction Access
• Homeowner's Association Annexation
• Lack of Private Recreation Areas
• Open Space Calculations
• Visual Impacts
• General Plan Requirements
These issues are discussed in detail below.
Timinq of Improvements on Championship Drive and Construction Access
Residents of Moorpark Country Club Estates have raised concerns regarding delays in
the final paving of Championship Drive. They are concerned that final paving would be
delayed until the completion of this project and Tract 5464 (Mazur) because of the need
to use the street for construction access. Along with this concern is the concern about
heavy construction traffic disrupting existing residents along Championship Drive.
Staff has analyzed this concern and determined that Championship Drive must be
completed at this time, and repaired as necessary upon the completion of this project,
and that heavy construction activities for this Tract must take access from Grimes
Canyon Road. As a result of this concern staff has added a provision to the draft
Development Agreement, and the applicant has agreed, that the final paving of
Championship Drive will be completed before the end of 2006. Conditions of Approval
have been added to this effect
Homeowner's Association Annexation
Members of the "Country Club Estates at Moorpark Master Owners Association" (HOA)
have raised concerns that approval of this project could have negative effects on their
Association, due to increases in HOA fees and liabilities. The City cannot require that
the existing HOA accept additional properties into its Association. However, there is a
process for annexation into the existing HOA. Annexation into the existing HOA
requires a two - thirds (2/3) approval of all homeowners and a majority (51%) of the
mortgage holders. If this project is not annexed into the existing HOA it would have to
establish its own HOA. Because of the design of this Tract and the fact that it takes its
access off of Championship Drive (a public street) there would not be any maintenance
requirements for this Tract relative to the existing Moorpark Country Club Estates. The
residents of this tract would not have access to the recreation areas within the original
project, but would have access to the multi - purpose trail along Championship Drive,
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Honorable City Council
August 2, 2006
Page 5
since that trail is open to the public. Should the applicant add this project to the existing
HOA all reasonable costs of the election would have to be paid by the developer. A
Condition of Approval has been added requiring annexation of this project to the
existing HOA, if the existing HOA consents.
Lack of Private Recreation Areas
Concern has been raised about the lack of a recreation area within the proposed tract.
There are two existing recreation areas within the existing Moorpark Country Club
Estates. The size and character of this project does not warrant the installation of an
additional recreation area. The Development Agreement does require the applicant to
pay appropriate park and recreation mitigation fees.
Open Space Calculations
There would be a net reduction in the future HOA area of Moorpark Country Club
Estates if this project is approved and the Mazur project (Tract 5464) is not approved.
As you may recall, the Mazur project will result in an overall project increase of 4.69
acres of open space. This project proposes that a total of 4.123 acres of land to be
removed from. the open space area proposed to be maintained by Moorpark Country
Club Estates, thus reducing the HOA maintenance costs, but also reducing the total
amount of open space for Moorpark Country Club Estates. The land uses proposed
would be the gated entry, open space, a detention basin, and a small portion would be
used for residential lots. With this project and the Mazur project there would be a net
increase in open space of 0.567 acres. (See Attachment 2D).This project will have a
total of 13.49 acres of open space along the north and south boundaries of the tract.
Additionally, the immediately adjacent parcel to the west will be purchased by Toll
Brothers due to the need to cure a slide situation. All of that four -plus acres of land will
be open space. Since the property is not yet owned by Toll Brothers, it will need to be
rezoned once purchased, if this project is approved. Any maintenance of the open
space within this project will be the responsibility of the new Homeowner's Association
or if annexed into the existing HOA, its responsibility.
General Plan Requirements
Concern has been expressed that the project does not comply with the General Plan
and that the General Plan requires that the densities graduate or lower as they
approach the agricultural area of the County. In some areas of the City this has been
the case and in other areas of the City it has not. There is no clear mandate for this in
the General Plan, or in the Zoning Ordinance, which would require the density along the
City's northern boundary to be in 5 acre minimum lot sizes. In fact, the Council recently
approved a change in zone for the Birdsall project from 5 acre minimums to
approximately 1 acre lots. General Plan policies which apply directly to this project are
as follows:
Honorable City Council
August 2, 2006
Page 6
Policy 5.2: Infill development in existing residential neighborhoods shall be
compatible with the scale and character of the surrounding neighborhood.
Policy 5.3: Landscaped and /or natural vegetation buffer areas shall be provided
around and within residential projects to minimize land use conflicts and privacy
impacts.
Policy 5.4: Clustering of residential dwelling units may be allowed if it can be shown
that the common area created by the clustering is designed to protect a public interest
or provide a public benefit such as the following: protects environmentally sensitive
habitat or agricultural land; promotes land conservation as well as visual relief; provides
a substantial recreational opportunity or an affordable housing benefit.
Policy 11.2: When new residential development is adjacent to existing commercial
agricultural uses, a 200 -foot minimum width setback shall be provided to minimize
compatibility conflicts. No setback is required from ornamental, fruit - bearing, tree
groves within a Residential Planned Development (RPD) project when such groves are
provided to emulate the character of commercial agriculture, based on a City- approved
landscape plan.
Additionally, in 1999, Measure "S ", also known as Save Our Agricultural Resources
(SOAR) was approved by the voters of the City of Moorpark. SOAR adopted the
Moorpark City Urban Restriction Boundary (Moorpark CURB) which included the
following objective: "To encourage efficient growth patterns and protect the City of
Moorpark's quality of life by concentrating future development largely within existing
developed areas consistent with the availability of infrastructure and services ".
These policies clearly establish that development should be concentrated within the City
Limits, with restrictions. Development type and densities should be made on a case by
case basis. This is not to say that unlimited development should be allowed up to the
City Boundaries. Conditions of Approval have been included in this project to provide
for a reasonable buffer, and in some cases, a physical barrier between residential and
agricultural uses.
STAFF RECOMMENDATION
1. Continue to receive public testimony, and close the public hearing.
2. Adopt Resolution No. 2006- adopting a Mitigated Negative Declaration and
approving General Plan Amendment No. 2003 -04.
3. Introduce, for first reading, Ordinance No. approving Zone Change No.
2003 -03, and set August 2, 2006, for second reading.
4. Introduce, for first reading, Ordinance No. to adopt the Development
Agreement No. 2004 -01, and set August 2, 2006, for second reading.
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Honorable City Council
August 2, 2006
Page 7
5. Adopt Resolution No. 2006- approving Tentative Map No. 5463 and
Residential Planned Development Permit No. 2003 -04 subject to Conditions of
Approval.
ATTACHMENTS:
1. Location Map
2. Project Exhibits
A. Tentative Tract Map (Pages 1 -4)
B. Cut and Fill Map
C. Hillside Management Exhibit
D. Open Space Exhibit
3. Planning Commission June 28, 2005 Agenda Report (without attachments).
4. Planning Commission June 27, 2006 Agenda Report (without attachments).
5. Draft Resolution No. 2006- Adopting a Mitigated Negative Declaration and
Approving General Plan Amendment No. 2003 -04 (attached to Tract 5464 staff
report on the same agenda).
6. Draft Ordinance No. Approving Zone Change No. 2003 -03 (attached to Tract
5464 staff report on the same agenda).
7. Draft Ordinance No. adopting Development Agreement No. 2004 -01.
8. Draft Resolution No. 2006- Approving Tentative Map No. 5463 and
Residential Planned Development Permit No. 2003 -04.
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MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Direc
Prepared by Joseph Fiss, Principal Planner
DATE: June 16, 2005 (PC Meeting of 06/28/05)
SUBJECT: Consider Residential Planned Development Permit No. 2003-
04, General Plan Amendment No. 2003 -04, Zone Change No.
2003 -03, and Tentative Map No. 5463 for Fifty -One (51).
Single - family Homes on 43.04 Acres North of Championship
Drive and East of Grimes Canyon Road, on the Application
of Toll Brothers, Inc.
DISCUSSION
On March 22, 2005, the Planning Commission opened the public
hearing and took public testimony on this project (staff report
attached). The public hearing was continued to April 26, 2005 with
the public hearing open, in order to assess public comments and
allow completion of the 30 -day comment period on the Mitigated
Negative Declaration which extended from March 28, 2005 to April
26, 2005. At the April 26, 2005 public hearing for this project,
the Planning Commission expressed reservations with the mitigation
related to the City's Hillside Management Ordinance (Chapter 17.38
MMC) and asked the applicant to redesign the project to comply
fully with the Hillside Management Ordinance. In order to give the
applicant sufficient time to evaluate the consequences of a
redesign the case was removed from the calendar requiring a new
public notice.
The applicant has evaluated the Planning Commission's request for
compliance with the Hillside Ordinance and has decided that the
project improvement and development costs warrant the number of
units proposed. No changes have been made in the project.
It is important to note that Ordinance 207 (Hillside Management)
which added Chapter 17.38 to Title 17 of The Moorpark Municipal
Code (Zoning Ordinance) was adopted on May 17, 1995 during the
processing of the Moorpark Country Club Estates project, which was
approved on April 17, 1996. Moorpark Country Club Estates (T
6V60J.G CC \ \Mor_priC Ag_sery \City Share \Cenda Report.062B05.doc ommunity D ATTACHMENT
Rpts \P ENT \3 03.04; TR 5463 Toll Bros \Agenda
Honorable Planning Commission
June 28, 2005
Page 2
No. 4928, RPD No. 94 -1) was exempted from the provisions of Chapter
17.38 consistent with Section 17.38.030 (M) which exempts projects
which have development agreements are specifically exempt from the
Hillside Management Ordinance.
It is staff's opinion that the proposed project is a logical
extension of Moorpark Country Club Estates, does not represent a
significant portion of land area. Although mass grading would occur
in contravention of the Hillside Management Ordinance, a certain
degree of this would occur regardless of the development on this
lot, due to the existence of an ancient landslide on the site and
repairs needed for the over -steep slopes on Grimes Canyon Road. The
project as proposed would repair the landslide and slopes, and has
been sensitively designed to screen the proposed homes from view of
the existing residences to the south through grading and the use of
berms and landscaping. Grading of this project, although
inconsistent with the Hillside Ordinance would be consistent with
the adjacent existing development. Impacts have been mitigated to
a level of insignificance as shown in the Initial Study and
Conditions of Approval.
The attached resolution is for approval. However, should the
Planning Commission wish to recommend denial of this project to the
City Council, it must make findings for denial. Staff has prepared
a draft resolution with potential findings for denial shown is
strikeout /underline format (Attachment 3).
Findings
The following findings are offered pursuant to the requirements of
the Subdivision Map Act:
1. The proposed map would be consistent with the City of Moorpark
General Plan and Zoning Ordinance, if amended by General Plan
Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow
for a density up to 1.2 units per acre.
2. The design and improvements of the proposed subdivision would
be consistent with the City of Moorpark General Plan, if
amended by General Plan Amendment No. 2003 -04 and Zone Change
No. 2003 -03, to allow for a density up to 1.2 units per acre.
3. The site is physically suitable for the type of development
proposed in that the site can be engineered to allow for all
required utilities to be brought to the site, adequate ingress
and egress can be obtained, and the site can be provided with
public and emergency services.
4. The site is physically suitable for the proposed density of
development, in that the design provides for large graded pads
for the proposed houses.
UDUU:1r71
Honorable Planning Commission
June 28, 2005
Page 3
5. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage, in
that all potential impacts would be mitigated through project
design or conditions.
6. The design of the subdivision and the type of improvements are
not likely to cause serious public health problems, in that
adequate sanitation is both feasible and required as a
condition of this development.
7. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision, in that these easements have been
identified and incorporated in the design of this project.
8. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et seq.
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake, or
reservoir.
The following findings are offered for the Residential Planned
Development Permit:
1. The site design, including structure, location, size, height,
setbacks, massing, scale, architectural style and colors, and
landscaping, is consistent with the provisions of the general
plan, any applicable specific plans, zoning ordinance, and any
other applicable regulations upon approval of General Plan
Amendment No. 2003 -04 and Zone Change No. 2003 -03 in that the
site design is consistent with modern development techniques,
and the development will utilize high quality architectural
materials and treatments to enhance the visual appeal of the
structures to be constructed.
2. The site design would not create negative impacts on or impair
the utility of properties, structures or uses in the
surrounding area in that adequate provision of public access,
sanitary services, and emergency services have been ensured in
the processing of this request and the use proposed is similar
to adjacent uses, and access to or utility of those adjacent
uses are not hindered by this project.
3. The proposed uses are compatible with existing and permitted
uses in the surrounding area in that the surrounding, existing
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Honorable Planning Commission
June 28, 2005
Page 4
and future development includes single - family, detached homes
of similar density.
STAFF RECOMMENDATION
1. Open the public hearing, take public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2005- recommending to the City
Council adoption of a Mitigated Negative Declaration and
recommending approval of General Plan Amendment No. 2003 -04,
Zone Change No. 2003 -03, Tentative Map No. 5464, and
Residential Planned Development Permit No. 1994 -01
Modification No. 6.
ATTACHMENTS:
1. Planning Commission Agenda Report of April 26, 2005 (includes
Planning Commission Agenda Report of March 22, 2005, without
draft resolution).
2. Draft PC Resolution No. PC -2005- with Conditions of
Approval.
3. Draft Resolution No. PC -2005- Resolution of Denial with
potential findings.
000019
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Dire
Prepared by: Joseph Fiss, Principal Planner
DATE: June 9, 2006 (PC Meeting of 06/27106)
SUBJECT: Consider Development Agreement No. 2004 -01 with Toll Land XX
Limited Partnership in Connection with Residential Planned
Development Permit No. 2003 -04, General Plan Amendment No. 2003-
04, Zone Change No. 2003 -03, and Tentative Map No. 5463 for Fifty -One
(51) Single- family Homes on 43.04 Acres North of Championship Drive
and East of Grimes Canyon Road
BACKGROUND /DISCUSSION
Government Code Section 65864 and City of Moorpark Municipal Code Section 15.40
provide for Development Agreements between the City and property owners in connection
with proposed plans of development for specific properties. Development Agreements are
designed to strengthen the planning process, to provide developers some certainty in the
development process and to assure development in accordance with the terms and
conditions of the agreement.
On June 7, 2006, the City Council considered the recommendation of its Ad Hoc
Committee (Council members Parvin and Millhouse) regarding Development Agreement
Number 2004 -01. for Toll Land XX Limited Partnership for the residential development of a
43.04 acre project site north of Championship Drive and East of Grimes Canyon Road.
The Council, upon recommendation of the Ad Hoc Committee, directed staff to advertise a
public hearing on the Development Agreement before the Planning Commission on June
27, 2006, and the City Council on July 19, 2006. As with all of the City's development
agreements, a standard format has been utilized, making slight adjustments to suit the
particular project. Development Agreement No. 2004 -01 is patterned after the
Development Agreement that was approved for the Birdsall development project. The
substance of the developer's obligations is contained in Section 6 and the substance of the
City's obligations is in Section 7. This Development Agreement is fairly consistent with the
Birdsall Development Agreement and the terms will ensure that the project will be
developed consistent with the goals of the general plan. Items unique to this project
kWor _pri sery \City Share\Community Development\DEV PMTS\R P D\2003 -04; TR 5463 Toll
Bros\DA1PC_DA_A9enda_Rprt_0 -- - -- CC ATTACHMENT 4 000020
Honorable Planning Commission
June 27, 2006
Page 2
include the purchase and dedication of seventy-two (72) acres of open space in lieu of
providing on -site open space dedication pursuant to Section 17.38.080 of the Hillside
Management Ordinance, the provision of a minimum two (2) inch rubberized asphalt
overlay of Championship Drive from Grimes Canyon Road to Walnut Canyon Road, and
the provision of an easement to the City for a City Welcome Sign on the Project site at a
location satisfactory to the Community Development Director including payment of $25,000
to the City for the construction and erection of the sign.
This project also requires Changes in the Rural Low Residential (RL), Open Space -2 (OS-
2) and Public Institutional (PUB) to Medium Low Density Residential (ML),Open Space
(OS -2) and Public Institutional (PUB) and changes in Zoning on the site from Rural
Exclusive -5 acre minimum lot size (RE -5ac), Open Space — 500 acre minimum (OS-
500ac), and Institutional (1) to Residential Planned Development (RPD), Open Space — 500
acre minimum (OS- 500ac) and Institutional (1) are requested for the development of fifty -
one (51) single - family homes. This application is being processed concurrently with a
Modification to RPD No. 1994 -01 and Tentative Tract No. 5464 for an expansion of the
existing Country Club Estates project to the northeast. These entitlement applications were
reviewed by the Planning Commission on March 22, 2005, April 26, 2005, and June 28,
2005. The Planning Commission recommended approval with conditions and modifications
to the project. The applicant has incorporated these recommended modifications into the
proposed design. The Planning Commission recommendation on these entitlements will
be considered by the City Council at the July 19, 2006 meeting together with Development
Agreement No. 2004 -01.
PROCESSING TIME LIMITS
As legislative action of the City Council is required to approve a development agreement,
this application is exempt from the time limits under the Permit Streamlining Act
(Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government
Code Title 7, Division 2), and the California Environmental Quality Act Statutes and
Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title
14, Chapter 3).
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
000021
Honorable Planning Commission
June 27, 2006
Page 3
• Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
• Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has prepared or supervised the preparation of an Initial Study to assess the
potential significant impacts of this project. Based upon the Initial Study, the Director has
determined that there is no substantial evidence that the project or any of its aspects may
cause a significant effect on the environment and has prepared a Mitigated Negative
Declaration. The Community Development Director has determined that the Mitigated
Negative Declaration prepared for the General Plan Amendment, Zone Change, Vesting
Tentative Tract Map and Residential Planned Development Permit is applicable to the
Development Agreement as well.
STAFF RECOMMENDATION
Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2006- recommending to the City Council approval of
Development Agreement No. 2004 -01.
ATTACHMENTS:
1. Location Map
2. Resolution No. PC -2006- with Draft Development Agreement
000022
Draft Resolution No. 2006 -
Adopting a Mitigated Negative Declaration
and Approving General Plan Amendment No. 2003 -04
(attached to staff report for TR 5464)
CC ATTACHMENT 5 000023
Draft Ordinance No.
Approving Zone Change No. 2003 -03
(attached to staff report for TR 5464)
CC ATTACHMENT 6 000024
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
TOLL LAND XX LIMITED PARTNERSHIP FOR 43.04 ACRES
NORTH OF CHAMPIONSHIP DRIVE AND EAST OF GRIMES
CANYON ROAD
WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State
Planning and Zoning Law provides that cities may enter into contractual obligations
known as Development Agreements with persons having equitable interest in real
property for development of that property; and
WHEREAS, the owners of the land with an application for Residential Planned
Development Permit No. 2003 -04, General Plan Amendment 2003 -04, Zone Change
2003 -03, Tentative Map No. 5463 have applied to the City of Moorpark to seek a
Development Agreement with the City pursuant to Chapter 15.40 of the Moorpark
Municipal Code; and
WHEREAS, the Planning Commission of the City of Moorpark on June 27, 2006,
adopted Resolution No. PC 2006 -502 recommending to the City Council approval of
Development Agreement No. 2004 -01, proposed in conjunction with the project initiated
by Toll Brothers, Inc., consisting of Residential Planned Development Permit No. 2003-
04, General Plan Amendment No. 2003 -04, Zone Change No. 2003 -03, Tentative Tract
Map No. 5463; and
WHEREAS, the City Council on July 19, 2006 and August 2, 2006, adopted the
Mitigated Negative Declaration for the Toll Brothers, Inc. project consisting of
Residential Planned Development Permit No. 2003 -04, General Plan Amendment No.
2003 -04, Zone Change No. 2003 -03, Tentative Tract Map No. 5463, and Development
Agreement No. 2004 -01, as having been completed in accordance with the California
Environmental Quality Act, (CEQA), the CEQA Guidelines and the City's CEQA
procedures; and
WHEREAS, a duly noticed public hearing was conducted by the City Council on
May 17, 2006, to consider the Development Agreement and to accept public testimony
related thereto; and
WHEREAS, the City Council has considered all points of public testimony
relevant to the Development Agreement and has given careful consideration to the
content of the Development Agreement.
CC ATTACHMENT 7 000025
Ordinance No.
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark does hereby find as
follows:
A. The Development Agreement is consistent with the General Plan as
amended by General Plan Amendment No. 2003 -04.
B. The Development Agreement and the assurances that said agreement
places upon the project are consistent with the intent and provisions of the Mitigated
Negative Declaration.
C. The Development Agreement is necessary to ensure the public health,
safety and welfare.
SECTION 2. The City Council hereby adopts Development Agreement No.
2004 -01 (attached hereto) between the City of Moorpark, a municipal corporation, and Toll
Land XX Limited Partnership, and the City Clerk is hereby directed to cause one copy of
the signed, adopted agreement to be recorded with the County Recorder no later than ten
(10) days after the City enters into the development agreement pursuant to the
requirements of Government Code Section 65868.5.
SECTION 3. Upon the effective date of this ordinance, the Community
Development Director shall cause the property that is the subject of the Development
Agreement to be identified on the Zoning Map of the City by the designation "DA"
followed by the dates of the term of said Agreement.
SECTION 4. If any section, subsection, sentence, clause, phrase, part or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall, within fifteen (15) days after
the passage and adoption thereof, cause the same to be published once in the Moorpark
UODU2E;
Ordinance No.
Page 3
Star a newspaper of general circulation, as defined in Section 6008 of the Government
Code, for the City of Moorpark, and which is hereby designated for that purpose.
PASSED AND ADOPTED this day of , 2006.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment:
EXHIBIT A - Development Agreement No. 2004 -01
6���U2"
Recording Requested By
And When Recorded Return to:
CITY CLERK
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
§ 6103
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE §65868.5
EXHIBIT A 000028
DEVELOPMENT AGREEMENT
This Development Agreement ( "the Agreement ") is made and entered into on
, by and between the CITY OF MOORPARK, a municipal
corporation, (referred to hereinafter as "City ") and Canyon GFest RanGh Partners Moorpark,
I=I r a GalifGFRia limited liability GOMpanyToll Land XX Limited Partnership, the owner of
real property within the City of Moorpark generally referred to as Vesting Tentative Tract
Map 543763 (referred to hereinafter individually as "Developer "). City and Developer are
referred to hereinafter individually as "Party" and collectively as "Parties." In consideration
of the mutual covenants and agreements contained in this Agreement, City and Developer
agree as follows:
Recitals. This Agreement is made with respect to the following facts and for the
following purposes, each of which is acknowledged as true and correct by the
Parties:
1.1. Pursuant to Government Code Section 65864 et seq. and Moorpark
Municipal Code chapter 15.40, City is authorized to enter into a binding
contractual agreement with any person having a legal or equitable
interest in real property within its boundaries for the development of such
property in order to establish certainty in the development process.
1.2. Prior to approval of this Agreement, but after the approval of the Mitigated
Negative Declaration (MND), Mitigation Measures, and Mitigation
Monitoring and Reporting Program ( "the MMRP ") for the Project
Approvals as defined in subsection 1.3 of this Agreement, the City
Council of City ( "the City Council ") approved General Plan Amendment
No. 20043 -034 ( "GPA 20043 - 034 ), for approximately 42.44 3.04 acres of
land within the City ( "the Property "), as more specifically described in
Exhibit "A" attached hereto and incorporated herein, and changed the
zoning of the Property pursuant to Zone Change No. 20043 -02-3 ( "ZC
20043 - 02-3 ").
1.3. GPA 20043 -034_, ZC 20043 -023, Vesting Tentative Tract Map 543763
(Tract 543763) and Residential Planned Development Permit No. 2004-
852003-04 (RPD 2004- 052003 -04) [collectively "the Project Approvals ";
individually "a Project Approval "] provide for the development of the
Property and the construction of certain off -site improvements in
connection therewith ( "the Project ").
1.4. By this Agreement, City desires to obtain the binding agreement of
Developer to develop the Property in accordance with the Project
Approvals and this Agreement. In consideration thereof, City agrees to
limit the future exercise of certain of its governmental and proprietary
powers to the extent specified in this Agreement.
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1.5. By this Agreement, Developer desires to obtain the binding agreement of
City to permit the development of the Property in accordance with the
Project Approvals and this Agreement. Developer anticipates developing
the Property over a minimum of three (3) years. In consideration thereof,
Developer agrees to waive its rights to legally challenge the limitations
and conditions imposed upon the development of the Property pursuant
to the Project Approvals and this Agreement and to provide the public
benefits and improvements specified in this Agreement.
1.6. City and Developer acknowledge and agree that the consideration that is
to be exchanged pursuant to this Agreement is fair, just and reasonable
and that this Agreement is consistent with the General Plan of City, as
amended by GPA 20043 -034.
1.7. On pri! 25, 2006 , the Planning Commission of City
commenced a duly noticed public hearing on this Agreement, and at the
conclusion of the hearing recommended approval of the Agreement.
1.8. On May 17, 2 , the City Council commenced a duly noticed
public hearing on this Agreement, and at the conclusion of the hearing on
jWRe 7, 20 , approved the Agreement by Ordinance No. 336
( "the Enabling Ordinance ").
2. Property Subject To This Agreement. All of the Property shall be subject to this
Agreement. The Property may also be referred to hereinafter as "the site" or "the
Project ".
3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits
of the Agreement inure to, each Party and each successive successor in interest
thereto and constitute covenants that run with the Property. Whenever the terms
"City" and "Developer" are used herein, such terms shall include every successive
successor in interest thereto, except that the term "Developer" shall not include the
purchaser or transferee of any lot within the Project that has been fully developed in
accordance with the Project Approvals and this Agreement.
3.1. Constructive Notice and Acceptance. Every person who acquires any
right, title or interest in or to any portion of the Property except any lot
within the Project that has been fully developed in accordance with the
Project Approvals and this Agreement shall be, conclusively deemed to
have consented and agreed to be bound by this Agreement, whether or
not any reference to the Agreement is contained in the instrument by
which such person acquired such right, title or interest.
3.2. Release Upon Transfer. Upon the sale or transfer of any of Developer's
interest in any portion of the Property, that Developer shall be released
from its obligations with respect to the portion so sold or transferred
subsequent to the operative date of the sale or transfer, provided that the
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Developer (i) was not in breach of this Agreement at the time of the sale
or transfer and (ii) prior to the sale or transfer, delivered to City a written
assumption agreement, duly executed by the purchaser or transferee and
notarized by a notary public, whereby the purchaser or transferee
expressly assumes the obligations of Developer under this Agreement
with respect to the sold or transferred portion of the Property. Failure to
provide a written assumption agreement hereunder shall not negate,
modify or otherwise affect the liability of the purchaser or transferee
pursuant to this Agreement. Nothing contained herein shall be deemed
to grant to City discretion to approve or deny any such sale or transfer,
except as otherwise expressly provided in this Agreement.
3.3. In the event of a partial assignment or transfer, the assumption
agreement referenced in subsection 3.2 shall include provisions
acceptable to the City to ensure that the phased construction of
affordable housing units contemplated by Section 6.9 is achieved,
regardless of the identity or number of developers of the Project.
4. Development of the Property. The following provisions shall govern the subdivision,
development and use of the Property.
4.1. Permitted Uses. The permitted and conditionally permitted uses of the
Property shall be limited to those that are allowed by the Project
Approvals and this Agreement.
4.2. Development Standards. All design and development standards,
including but not limited to density or intensity of use and maximum
height and size of buildings, that shall be applicable to the Property are
set forth in the Project Approvals and this Agreement.
4.3. Buildinq Standards. All construction on the Property shall adhere to the
Uniform Building Code, including the Fire Resistive Design Manual, the
National Electrical Code, the Uniform Plumbing Code, the Uniform
Mechanical Code, the Uniform Housing Code, the Uniform Code for the
Abatement of Dangerous Buildings, the Uniform Code for Building
Conservation and the Uniform Administrative Code in effect at the time
the plan check or permit is approved and to any federal or state building
requirements that are then in effect (collectively "the Building Codes ").
4.4. Reservations and Dedications. All reservations and dedications of land
for public purposes that are applicable to the Property are set forth in the
Project Approvals and this Agreement.
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5. Vesting of Development Rights.
5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo,
37 Cal.3d 465 (1984), the California Supreme Court held that the failure
of the parties therein to provide for the timing or rate of development
resulted in a later- adopted initiative restricting the rate of development to
prevail against the parties' agreement. City and Developer intend to
avoid the result in Pardee by acknowledging and providing that Developer
shall have the right, without obligation, to develop the Property in such
order and at such rate and times as Developer deems appropriate within
the exercise of its subjective business judgment.
In furtherance of the Parties intent, as set forth in this subsection, no
future amendment of any existing City ordinance or resolution, or future
adoption of any ordinance, resolution or other action, that purports to limit
the rate or timing of development over time or alter the sequencing of
development phases, whether adopted or imposed by the City Council or
through the initiative or referendum process, shall apply to the Property
provided the Property is developed in accordance with the Project
Approvals and this Agreement. Nothing in this subsection shall be
construed to limit City's right to insure that Developer timely provides all
infrastructure required by the Project Approvals, Subsequent Approvals,
and this Agreement.
5.2. Amendment of Project Approvals. No amendment of any of the Project
Approvals, whether adopted or approved by the City Council or through
the initiative or referendum process, shall apply to any portion of the
Property, unless the Developer has agreed in writing to the amendment.
5.3. Issuance of Subsequent Approvals. Applications for land use approvals,
entitlements and permits, including without limitation subdivision maps
(e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps),
subdivision improvement agreements and other agreements relating to
the Project, lot line adjustments, preliminary and final planned
development permits, use permits, design review approvals (e.g. site
plans, architectural plans and landscaping plans), encroachment permits,
and sewer and water connections that are necessary to or desirable for
the development of the Project (collectively "the Subsequent Approvals ";
individually "a Subsequent Approval ") shall be consistent with the Project
Approvals and this Agreement. For purposes of this Agreement,
Subsequent Approvals do not include building permits.
Subsequent Approvals shall be governed by the Project Approvals and by
the applicable provisions of the Moorpark General Plan, the Moorpark
Municipal Code and other City ordinances, resolutions, rules, regulations,
policies, standards and requirements as most recently adopted or
approved by the City Council or through the initiative or referendum
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process and in effect at the time that the application for the Subsequent
Approval is deemed complete by City (collectively "City Laws "), except
City Laws that:
(a) change any permitted or conditionally permitted uses of the
Property from what is allowed by the Project Approvals;
(b) limit or reduce the density or intensity of the Project, or any part
thereof, or otherwise require any reduction in the number of
proposed buildings or other improvements from what is allowed by
the Project Approvals.
(c) limit or control the rate, timing, phasing or sequencing of the
approval, development or construction of all or any part of the
Project in any manner, provided that all infrastructure required by
the Project Approvals to serve the portion of the Property covered
by the Subsequent Approval is in place or is scheduled to be in
place prior to completion of construction;
(d) are not uniformly applied on a City -wide basis to all substantially
similar types of development projects or to all properties with
similar land use designations;
(e) control residential rents;
(f) prohibit or regulate development on slopes with grades greater
than 20 percent, including without limitation Moorpark Municipal
Code Chapter 17.38 or any successor thereto, within the Property;
or
(g) modify the land use from what is permitted by the City's General
Plan Land Use Element at the operative date of this Agreement or
that prohibits or restricts the establishment or expansion of urban
services including but not limited to community sewer systems to
the Project.
5.4. Term of Subsequent Approvals. The term of any tentative map for the
Property, or any portion thereof, shall expire ten (10) years after its
approval or conditional approval or upon the expiration or earlier
termination of this Agreement, whichever occurs first, notwithstanding the
provisions of Government Code Section 66452.6(a) or the fact that the
final map may be filed in phases. Developer hereby waives any right that
it may have under the Subdivision Map Act, Government Code Section
66410 et seq., or any successor thereto, to apply for an extension of the
time at which the tentative map expires pursuant to this subsection. No
portion of the Property for which a final map or parcel map has been
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recorded shall be reverted to acreage at the initiative of City during the
term of this Agreement.
The term of any Subsequent Approval, except a tentative map or
subdivision improvement or other agreements relating to the Project, shall
be one year; provided that the term may be extended by the decision
maker for two (2) additional one (1) year periods upon application of the
Developer holding the Subsequent Approval filed with City's Department
of- Community Development Department prior to the expiration of that
Approval. Each such Subsequent Approval shall be deemed inaugurated,
and no extension shall be necessary, if a building permit was issued and
the foundation received final inspection by City's Building Inspector prior
to the expiration of that Approval.
It is understood by City and Developer that certain Subsequent Approvals
may not remain valid for the term of this Agreement. Accordingly,
throughout the term of this Agreement, any Developer shall have the
right, at its election, to apply for a new permit to replace a permit that has
expired or is about to expire.
5.5. Modification 9of Approvals. Throughout the term of this Agreement,
Developer shall have the right, at its election and without risk to or waiver
of any right that is vested in it pursuant to this section, to apply to City for
modifications to Project Approvals and Subsequent Approvals. The
approval or conditional approval of any such modification shall not require
an amendment to this Agreement, provided that, in addition to any other
findings that may be required in order to approve or conditionally approve
the modification, a finding is made that the modification is consistent with
this Agreement and does not alter the permitted uses, density, intensity,
maximum height, size of buildings or reservations and dedications as
contained in the Project Approvals.
5.6. Issuance of Building Permits. No building permit, final inspection or
certificate of occupancy will be unreasonably withheld from Developer if
all infrastructure required by the Project Approvals, Subsequent
Approvals, and this Agreement to serve the portion of the Property
covered by the building permit is in place or is scheduled to be in place
prior to completion of construction and all of the other relevant provisions
of the Project Approvals, Subsequent Approvals and this Agreement
have been satisfied. Consistent with subsection 5.1 of this Agreement, in
no event shall building permits be allocated on any annual numerical
basis or on any arbitrary allocation basis.
5.7. Moratorium on Development. Nothing in this Agreement shall prevent
City, whether by the City Council or through the initiative or referendum
process, from adopting or imposing a moratorium on the processing and
issuance of Subsequent Approvals and building permits and on the
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finalizing of building permits by means of a final inspection or certificate of
occupancy, provided that the moratorium is adopted or imposed (i) on a
City -wide basis to all substantially similar types of development projects
and properties with similar land use designations and (ii) as a result of a
utility shortage or a reasonably foreseeable utility shortage, including
without limitation a shortage of water, sewer treatment capacity, electricity
or natural gas.
6. Developer Agreements.
6.1. Developer shall comply with (i) this Agreement, (ii) the Project Approvals,
(iii) all Subsequent Approvals for which it was the applicant or a
successor in interest to the applicant and (iv) the MMRP of the MND and
any subsequent or supplemental environmental actions.
6.2. All lands and interests in land dedicated to City shall be free and clear of
liens and encumbrances other than easements or restrictions that do not
preclude or interfere with use of the land or interest for its intended
purpose, as reasonably determined by City.
6.3. As a condition of the issuance of a building permit for each residential or
institutional use within the boundaries of the Property, Developer shall
pay City a development fee as described herein (the "Development Fee ").
The Development Fee may be expended by City in its sole and
unfettered discretion. On the operative date of this Agreement, the
amount of the Development Fee shall be Nine - Thousand TwoFive-
Hundred Ninety e—Dollars ($9,500294.00) per residential unit and
Forty- _OnTwoe- Thousand EightSeven- Hundred Twelve Dollars
($42,750,1,812.00) per gross acre of institutional land on which the use is
located. The fee shall be adjusted annually commencing July 1, 2008 by
the larger increase of a) or b) as follows: vn° (4 .e °�°r +h° �tiv°
date of this Ag eement -by aRY iRGr'�ase iii the- GensurneF v PFir� r°c- 'rnav°�c
(GPI) until all fees have been paid.
a)The Consumer Price Index (CPIJ increase shall be determined by
using the information provided by the U.S. Department of Labor,
Bureau of Labor Statistics, for all urban consumers within the Los
Angeles /Riverside /Orange County metropolitan area during the
prior year. The calculation shall be made using the month WhiGh
of October over the prior October.
b) The calculation shall be made to reflect the change in the Caltrans
Highway Bid Price Index for Selected California Construction
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Items for the twelve (12) month period available on December 31
of the preceding year.
In the event there is a decrease in both of the referenced Indexices for
any annual indexing, the Development Fee shall remain at its then
current amount until such time as the next subsequent annual indexing
which results in an increase.
6.4. As a condition of the issuance of a building permit for each residential or
institutional use within the boundaries of the Property, Developer shall
pay City a traffic mitigation fee as described herein ( "Citywide Traffic
Fee "). The Citywide Traffic Fee may be expended by City in its sole and
unfettered discretion. On the operative date of this Agreement, the
amount of the Citywide Traffic Fee shall be Six - Thousand F yeSix-
Hundred Thirty One Dollars ($6,6005-34.00) per residential unit, and
Twenty- Nine - Thousand, ThreeSeven- Hundred Dollars
($29,700394.00) per acre of institutional land on which the institutional
use is located. Commencing on January 1, 2008, and annually
thereafter, the contribution amount shall be increased to reflect the
change in the Caltrans Highway Bid Price Index for Selected California
Construction Items for the twelve (12) month period available on
December 31 of the preceding year ( "annual indexing "). In the event
there is a decrease in the referenced Index for any annual indexing, the
current amount of the fee shall remain until such time as the next
subsequent annual indexing which results in an increase.
6.5. As a condition of issuance of a building permit for each residential or
institutional use within the boundaries of the Property, Developer shall
pay City a community services fee as described herein (Community
Services Fee). The Community Services Fee may be expended by City
in its sole and unfettered discretion. The amount of the Community
Services Fee shall be Two - Thousand, ThFeeFour- Hundred Forty NiRe
Dollars ($2,400349.00) per residential unit, and SeveaTen- Thousand
€owEight- Hundred Thirty Six Dollars ($10,800 436.00) per gross acre of
institutional land on which the institutional use is located. The fee shall
be adjusted annuall rLScommencing on January 1, 2008, by the larger
increase of a) or b) as follows:
SeNiGes Fee shall be adjusted b 3se 4R the GeRSUMeF
index (GPI) until all f OMM Rity 26n4n °c G° °c have been paid
a) The Consumer Price Index (CPI) increase shall be determined by
using the information provided by the U.S. Department of Labor,
Bureau of Labor Statistics, for all urban consumers within the Los
Angeles /Riverside /Orange County metropolitan area during the
prior year. The calculation shall be made using the month of
August- October over the prior gustOctober.
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b) The calculation shall be made to reflect the change in the Caltrans
Highway Bid Price Index for Selected California Construction
Items for the twelve (12) month period available on December 31
of the preceding year.
In the event there is a decrease in both of the GP4- referenced Indices for
any annual indexing, the Community Services Fee shall remain at its then
current amount until such time as the next subsequent annual indexing
which results in an increase.
6.6. As a condition of the issuance of a building-grading permit for each
residential or institutional use within the boundaries of the Property,
Developer shall pay City a Public Facilities fee as described herein (the
"Public Facilities Fee "). The Public Facilities Fee may be expended by
City in its sole and unfettered discretion. On the operative date of this
Agreement, the amount of the Public Facilities Fee shall be TeeTwelve-
Thousand Dollars ($120,000.00) per residential unit and Fifty -Four-
Thousand Dollars ($54,000) per gross acre of institutional land on which
the institutional land is located, and shall be fully paid for the entire
proiect or institutional use prior to the issuance of the grading permit. The
fee shall be adjusted annually commencing January 1, 2008 by the larger
increase of a) or b) as follows: ^ ^°
Agree_+ her aRy iRGFease in the GORSum °r Drin° index (GRI) Until all
fees have h° °n paid
a�_The CPI increase shall be determined by using the information
provided by the U.S. Department of Labor, Bureau of Labor
Statistics, for all urban consumers within the Los
Angeles /Riverside /Orange County metropolitan area during the
prior year. The calculation shall be made using the month which
is four (4) months prior to the month in which this Agreement
became effective (e.g., if this Agreement became effective in
October, then the month of June is used to calculate the
increase).
b) The calculation shall be made to reflect the change in the Caltrans
Highway Bid Price Index for Selected California Construction
Items for the twelve (12) month period available on December 31
of the preceding_ year.
In the event there is a decrease in both of the referenced Indexices for
any annual indexing, the Public Facilities Fee shall remain at its then
current amount until such time as the next subsequent annual indexing
which results in an increase.
6.7. Prior to the issuance of the building permit for each residential dwelling
unit within the Property, Developer shall pay a fee in lieu of the dedication
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of parkland and related improvements (Park Fee). On the operative date
of this Agreement, the amount of the Park Fee shall be F4#ee-RTwenty-
Four- Thousand TThFee H RdFed Forty Dollars ($24,000 349.00)
for each residential dwelling unit and Fifty Cents ($0.50) per square foot
of each building used for institutional purposes within the Property. The
fee shall be adjusted annually commencing January 1, 2008 by the larger
increase of a) or b) as follows: ^ne (1) year after the operative date of this
Index for y aRRRual indexing, the Park Fee shall remain at its there
which rest Its in an increase
0
NUNN I== LIZ
a) The CPI increase shall be determined by using the information
provided by the U.S. Department of Labor, Bureau of Labor
Statistics for all urban consumers within the Los
Angeles /Riverside /Orange County metropolitan area during the
prior year. The calculation shall be made using the month which
is four (4) months prior to the month in which this Agreement
became effective (e.g. , if this Agreement became effective in
October, then the month of June is used to calculate the
increase).
b) The calculation shall be made to reflect the change in the Caltrans
Highway Bid Price Index for Selected California Construction
Items for the twelve (12) month period available on December 31
of the preceding year.
In the event there is a decrease in both of the referenced Indices for any
annual indexing the Public Facilities Fee shall remain at its then current
amount until such time as the next subsequent annual indexing which
results in an increase.
6.8. Provided that prior to recordation of the first final map for Tract 543763 or
March 31, 2008, whichever is later, Ventura County Waterworks District
No. 1 or any successor entity confirms that it has sufficient recycled water
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to serve the public and community owned landscaped areas within Tract
543763, then Developer shall construct appropriately sized water lines,
pumping facilities, and storage facilities for recycled water consistent with
the requirements of the City, Waterworks District No. 1 and Calleguas
Water District. Said lines shall be installed prior to the final cap being
placed on all streets. Developer shall provide service including payment
of any connection and meter charges and shall use recycled water for
medians and parkways for all public streets, and any other public and
commonly owned landscaping and recreation areas. The amount of
recycled water needed and areas to be irrigated by recycled water shall
be determined by City at its sole discretion. The recycled water line(s)
shall be installed for each City approved phase of development and the
recycled water shall be in use prior to the first occupancy approval for
each City approved phase of development if such recycled water is
available within one -half mile of the Property. Developer shall install dual
water meters and services for all locations determined necessary by City
at its sole discretion to insure that both potable and recycled water are
available where restroom and drinking fountains are planned.
6.9. Developer shall pay a Thirty Thousand Dollar (OQ,QQQ.I')Q),I 'Afff% sl_n,�alp
.i
le family detan-hed for sale housing in Ventura (C-ouRty as rno
F8GeRtly published by Data QU*Gk (Hewsing index). eve eveRt theFe
• -
HOUSIRg Fee shall FemaiRat its theR GUrrent amount until suGh time as
AffGFdable Housing Fee shall be paid pFior te theGGGLIpaRGY
-.
b - - -
..
Developer agrees to provide a total of twelve (12) affordable housing
units; eight (8) units for Tract 5463 (four (4) low and four (4) very low) and
four (4) units per the Development Agreement for Tract 5464 (two (2) low
and two (2) very low), as further described in the subsection 6.9.
To partially__ meet this obliqation, the Developer agrees to transfer the title
to the approximately 0.34 acre and approximately 0.16 acre parcels
known as 396 Charles Street in partial fulfillment of the requirements for
affordable housing as indicated in section 6.9 of this Agreement. City will
credit Developer five (5) affordable units three (3) low and two (2) very
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low units toward the total required by this Agreement and the
Development Agreement for Tract 5464. Prior to the issuance of a
grading permit for either Tract, Developer shall transfer the property to
the City free and clear of any and all encumbrances and structures.
Should grading permit for Tract 5463 precede the rg ading permit for Tract
5464, the credit for the five (5) affordable units shall be applied to
Tract.5463 Should the grading permit for Tract 5464 precede grading
permit for Tract 5463, the requirement for four (4) affordable units will be
fulfilled. At the Developer's option, the credit for the remaining (fifth (51h))
affordable unit may be applied toward the fulfillment of one (1) affordable
housing unit for Tract 5463.
To meet its obligation for the remaining seven (7) affordable units, the
Developer shall also provide one-four (44) four (4) bedroom and two
bath single family detached unit with a minimum of 1,200 square feet to
be sold to a- buyers who meets the criteria for low income (80 percent or
less of median income); and one four (44) four (4) bedroom and two (2)
bath single family detached unit with a minimum of 1,200 square feet to
be sold to a- buyers who meets the criteria for very low income (50
percent or less of median income). All single family detached units shall
include a standard size two -car garage with roll -up garage door and a
minimum driveway length of eighteen (18) feet measured from the back
of sidewalk, meet minimum setback requirements of the City RPD zone,
include concrete roof tiles, and other amenities typically found in
moderate priced housing in the City (e.g., air conditioning /central heating,
washer /dryer hookups, garbage disposal, built -in dishwasher, concrete
driveway, automatic garage door opener). The duplex type units in
Tracts 3841, 3070 -2, 3070 -3, 3070 -4, 4170, and 5133 are considered to
be single family detached units for the purposes of this subsection 6.9.
Subject to City's sole discretion, this obligation, in whole or part, may be
met by providing attached for sale units in lieu of single family detached
units at the ratio of one and one -half (11/2) attached for sale unit for each
single family detached unit. In the event such substitution results in any
fraction of a unit, then the requirement shall be rounded up to the next
higher whole number (e.g. the requirement of 3 single family detached
units are met by 4'/2 attached for sale units, then 5 attached for sale units
are required). Each of the substituted units shall be at the income level of
the units for which they are being substituted and shall contain at least
1,200 square feet, three bedrooms and attached or assigned parkin for
two parking spaces. The approval of such substituted units may require
refurbishment or replacement of carpeting, flooring, cabinets, windows,
appliances and other items to bring the units up to standards as
determined by the Community Development Director at his or her sole
discretion. Should the Developer acquire the attached units within two (2)
years from the operative date of this Agreement, and offer them for sale
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to the City as provided for in subsection 6.9, the attached for sale units in
lieu of single family detached units shall be at a ratio of one and one -
quarter 0 '/4) attached for sale unit for each single family detached unit.
The attached for sale units shall be a minimum of three bedrooms and a
minimum of 1250 square feet of floor area.
Prior to acquiring any housing unit to meet the obligations of this
subsection 6.9, Developer must first receive the written approval of City
Manager or his /her authorized representative that the unit meets the
requirements of this Development Agreement and any applicable
Affordable Housing Agreement for Tract 543763. Developer agrees that
lack of a written response from City as specified in subsection 7.7 of this
Agreement is deemed a rejection of the Developer's request.
Developer may construct rather than purchase the housing units required
of it pursuant to this subsection 6.9 so long as Developer meets all
requirements of this Agreement and the proposed project and property on
which the units are proposed to be constructed conform to the City's
General Plan, Zoning Codes, and the Moorpark Municipal Code. Nothing
in this Agreement requires City to consider a General Plan Land Use
Amendment, Zone Change, or any other land use entitlement to allow or
permit said proposed construction.
Developer further agrees that it has the obligation to provide the required
number of housing units as specified above regardless of the cost to
acquire or construct said housing units. Developer further agrees that
City has no obligation to use eminent domain proceedings to acquire any
of the required housing units and that this subsection 6.9 is specifically
exempt from the requirements of subsection 7.2 of this Agreement.
Prior to recordation of the Final Map for this Project, the City Council in its
sole and unfettered discretion shall approve an Affordable Housing
Implementation and Resale Restriction Plan (Plan) that provides policies
and guidelines to ensure that all of the required affordable housing units
are provided consistent with this Agreement and applicable State laws
and remains affordable for the longest feasible time. The Plan shall
include but not be limited to the following items: Initial Purchase Price,
market value, buyer eligibility, affordability and resale covenants and
restrictions, equity share and second trust deed provisions, respective
role of City and Developer, the responsibility of providing the affordable
units by each developer in the event of successors and /or assigns to this
Agreement, the final number of single family detached and single family
attached units that shall be provided to meet Developer's affordable
housing obligation, quality of and responsibility for selection of amenities
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and applicability of home warranties in the event Developer constructs
housing units or purchases newly constructed units from other
developers /builders to meet all or a portion of its obligation and any other
items determined necessary by the City. The Developer and City shall,
prior to the occupancy of the first residential unit for the Project, execute
an Affordable Housing Agreement that incorporates the Plan in total and
is consistent with this Agreement. Developer shall pay the City's direct
costs for preparation and review of the Affordable Housing
Implementation and Resale Restriction Plan and the Affordable Housing
Agreement up to a maximum of Ten - Thousand Dollars ($10,000.00).
The ene --four (44) low income units and eee -four (4-4) very low income
units shall be provided by Developer and occupied by qualified buyers (or
at City's sole discretion sold to City) prior to occupancy of the 4525th
residential unit in Tract 54375463 and the 18th residential unit in Tract No.
5464 or the 39th unit of the combined Tracts whichever first occurs..
All units shall meet the criteria of all applicable State laws to qualify as
newly affordable to low income and very low income persons (in the
quantity as specified in this Agreement) to satisfy a portion of the City's
RHNA obligation and if within the Moorpark Redevelopment Agency
project area to satisfy a portion of the Agency's affordable housing goals.
None of the affordable units required by this Agreement shall duplicate or
substitute for the affordable housing requirement of any other developer
or development project. All subsequent approvals required of City under
this subsection 6.9 shall be made at City's sole discretion. If any conflict
exists between this Agreement and any Affordable Housing Agreement
required by this Agreement or the conditions of approval for Vesting
Tentative Tract Map No. 543-75463 and /or RPD No. 2004- 52003 -04, then
the Affordable Housing Agreement shall prevail.
All affordable housing units provided under this subsection 6.9 that
received a final inspection prior to January 1, 2007, must conform to the
Uniform Building Code in effect as of July 1, 1983. Developer shall pay at
its sole cost and expense for a city selected contractor to perform a home
inspection and /or occupancy inspection by the City Building Official, and
Developer at its sole cost and expense shall make any needed
corrections to conform to inspection reports and current building codes.
At Developer's sole cost and expense, the roof shall be inspected by a
city selected contractor and if necessary as determined by City at its sole
discretion repaired or replaced by a city selected licensed roofing
contractor and certified to have no less than a 20 -year life. Developer at
its sole cost and expense shall purchase a standard home warranty
policy for a three -year period commencing on the date the unit is first sold
to a qualified low or very low income household and shall include but not
be limited to coverage of heating and air conditioning systems, automatic
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garage door opener, and all built -in appliances and include a
deductible /service call amount of no more than One Hundred Dollars
($100.00) per service request. For these units, City may approve a
composition shingle roof in lieu of a concrete tile roof if all other
provisions of this subsection 6.9 are met. In no event shall a wood shake
or shingle roof be approved.
For housing units constructed by Developer to meet its obligation under
this subsection 6.9 or acquired by Developer that were not previously
occupied (i.e. built after the Operative Date of this Agreement and either
not previously occupied or occupied by a bona fide buyer for less than
twelve months), Developer agrees to provide the same home warranties
associated with other units in the same project as the constructed or
purchased unit, or the maximum time required by State law, whichever is
longer, but in no event less than ten (10) years. Developer agrees that all
such warranties shall inure to the benefit of and be enforceable by the
ultimate occupants of the low income and very low income units, and that
all warranties by subcontractors and suppliers shall inure to the benefit of
and be enforceable by such occupants. The qualified buyer (or City in
lieu of a qualified buyer at its sole discretion) shall have the same choices
of finish options as purchasers of other units in the project and final walk -
through approval of condition of unit before close of sale. Any options
provided to buyers of units shall be provided to buyer(s) of the required
units including but not limited to color and style choices for carpeting and
other floor coverings. Flooring selections shall be made within 10 days of
Developer's request for selection.
In the event the monthly HOA fees exceed $100.00, Developer shall
deposit $120.00 for each dollar or portion thereof of the monthly HOA
fees that are in excess of $100.00 into a City administered trust to assist
with future HOA fees for each affected unit.
The Affordable Sales Price for the low- income buyers shall not exceed
affordable housing cost, as defined in Sec. 50052.5(b) (2) of California
Health and Safety Code. As provided in Section 50052.5(h) of the
California Health and Safety Code, a family of five his considered
appropriate for a four bedroom unit, so pricing is based on a household of
five 5) no matter what size household actually purchases the unit. The
monthly "affordable housing cost" would be 30% times 70% of $85,900,
the current median income for a household of five 51 in Ventura County,
divided by 12. This monthly amount includes the components identified in
Section 6920 of Title 25 of the California Code of Regulations shown
below. (See Section 50052.5(c) of the Health and Safety Code.) The
Affordable Sales Price for a low income household would be $171,000
under current market conditions, based upon the following assumptions:
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Low Income Buyer
Item
Detail
Amount
Affordable Sales Price
$171,000
Down Payment
5% of Affordable
Sales Price
$8,550
Loan Amount
Affordable Sales
Price less down
payment
$162,450
Interest Rate
6.25%
Property Tax
1.25% of Initial
Purchase Price
$178/mo.
HOA
$100 /mo.
Fire Insurance
$20 /mo.
Maintenance
$20 /mo.
Utilities
I $209 /mo.
The assumptions associated with the above purchase price figures for
low income households include a 5% down payment, based on
Affordable Sales Price of $171,000, mortgage interest rate of 6.25 %, no
mortgage insurance, property tax rate of 1.25 %, based on Affordable
Sales Price, homeowners' association dues of $100 per month, fire
insurance of $20 per month, maintenance costs of $20 per month, and
utilities of $209 per month.
The Affordable Sales Price for the very low- income buyers shall not
exceed affordable housing cost, as defined in Section 50052.5(b)(2) of
California Health and Safety Code. As provided in Section 50052.5(h) of
the California Health and Safety Code, a family of five is considered
appropriate for a four bedroom unit, so pricing is based on a household of
5, no matter what size household actually purchases the unit. The
monthly "affordable housing cost" would be 30% times 50% of $85,900,
the current median income for a household of 5 in Ventura County,
divided by 12. This monthly amount includes the components identified in
Section 6920 of Title 25 of the California Code of Regulations shown
below. (See Section 50052.5(c) of the Health and Safety Code.) The
Affordable Sales Price for a very low income household of 5 would be
$107,000 under current market conditions, based upon the following
assumptions:
Very Low Income Buyer
Item I Detail I Amount
Affordable Sales Price 1 1$107,000
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Down Payment
3% of Affordable
Sales Price
$5,350
Loan Amount
Affordable Sales
Price less down
payment
$101,650
Interest Rate
6.25%
Property Tax
1.25% of Affordable
Sales Price
$111/mo.
HOA
$100 /mo.
Fire Insurance
$20 /mo.
Maintenance
$20 /mo.
Utilities
$209 /mo.
The assumptions associated with the above purchase price figures for
very low income households include a 5% down payment, based on
Affordable Sales Price of $107,000, mortgage interest rate of 6.25 %, no
mortgage insurance, property tax rate of 1.25 %, based on Affordable
Sales Price, homeowners' association dues of $100 per month, fire
insurance of $20 per month, maintenance costs of $20 per month, and
utilities of $209 per month.
Developer acknowledges that changes in market conditions may result in
changes to the Affordable Sales Price, down payment amounts,
mortgage interest rates, and other factors for both low income and very
low income buyers. Furthermore, if "affordable housing cost ", as defined
in Section 50052.5 of California Health and Safety Code, should change
in the future, the above guidelines will be modified. The Affordable
Housing Implementation and Resale Restriction Plan shall address this
potential change.
In the event the City, at its sole discretion purchases one or more of the
units from Developer in lieu of a qualified buyer, the Affordable Sales
Price shall be based on a household size of four 4
_L_15 persons, and
consistent with all requirements of this subsection 6.9. Developer agrees
that prior to and upon the sale of a required unit to a qualified buyer (or
City in lieu of a qualified buyer as determined by City at its sole
discretion), City may at its sole discretion take any actions and impose
any conditions on said sale or subsequent sale of the unit to ensure
ongoing affordability to low and very low income households and related
matters. After the sale of a housing unit by Developer to a qualified buyer
(or City in lieu of a qualified buyer as determined by City at its sole
discretion), City, not Developer, shall have sole responsibility for
approving any subsequent sale of that housing unit.
Developer shall pay closing costs for each unit, not to exceed $6,300.
Beginning Marc- -July 1, 2008, and on March -July 1St for each of fifteen
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subsequent years, the maximum $6,300 to be paid for closing costs shall
be increased annually by any percentage increase in the Consumer Price
Index (CPI) for All Urban Consumers for Los Angeles /Riverside /Orange
County metropolitan area during the prior year. The calculation shall be
made using the month of December over the prior month of December.
In the event there is a decrease in the CPI for any annual indexing, the
amount due shall remain at its then current amount until such time as the
next subsequent annual indexing which results in an increase. The
referenced Developer funded closing costs shall be for the benefit of
qualified buyers (or City in lieu of qualified buyers as determined by City
at its sole discretion for one or more of the required units) in their
acquisition of a unit from Developer not Developer's acquisition of a unit
from one or more third parties. The Developer's escrow cost shall not
exceed the then applicable maximum amount per unit regardless of the
number of escrows that may be opened on a specific unit.
6.10. Developer agrees that the Mitigation Measures included in the City
Council approved MND and MMRP, or subsequent environmental
clearance document approved by the Council, set forth the mitigation
requirements for air quality impacts. Developer agrees to pay to City an
air quality mitigation fee, as described herein (Air Quality Fee), in
satisfaction of the Transportation Demand Management Fund mitigation
requirement for the Project. The Air Quality Fee may be expended by
City in its sole discretion for reduction of regional air pollution emissions
and to mitigate residual Project air quality impacts.
At the time the Fee is due, City may at its sole discretion require
Developer to purchase equipment, vehicles, or other items, contract and
pay for services, or make improvements for which Developer shall
receive equivalent credit against Air Quality Fee payments or refund of
previous payments.
The Air Quality Fee shall be One - Thousand SeveREight- Hundred NJ ne
Dollars ($1, 8007-09.00) per residential unit to be paid prior to the
issuance of each building permit for the first residential unit in Tract
54375463. Commencing on January 1, 2007, and annually thereafter the
Air Quality Fee shall be adjusted by any increase in the Consumer Price
Index (CPI) until all fees have been paid. The CPI increase shall be
determined by using the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban consumers within the Los
Angeles /Riverside /Orange County metropolitan area during the prior
year. The calculation shall be made using the month of December over
the prior month of December. In the event there is a decrease in the CPI
for any annual indexing, the fee shall remain at its then current amount
until such time as the next subsequent annual indexing which results in
an increase.
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For institutional uses, the Air Quality Fee shall be calculated by the
D;Peotc)F of-Community Development Director consistent with the then
applicable Ventura County Air Quality Management District URBEMIS
Model prior to the first occupancy approval for each institutional use.
6.11. Developer hereby waives any right that it may have under California
Government Code Section 65915 et. seq., or any successor thereto, or
any other provision of Federal, State, or City laws or regulations for
application or use of any density bonus that would increase the number
of dwelling units approved to be constructed on the Property.
6.12. Developer agrees to cast affirmative ballots for the formation of one or
more assessment districts and levying of assessments, for the
maintenance of parkway and median landscaping, street lighting,
including but not limited to all water and electricity costs, and if requested
by the City Council, parks for the provision of special benefits conferred
by same upon properties within the Project. Developer further agrees to
form one or more property owner associations and to obligate said
associations to provide for maintenance of parkway and median
landscaping, street lighting, and if requested by the City Council, parks in
the event the aforementioned assessment district is dissolved or altered
in any way or assessments are reduced or limited in any way by a ballot
election of property owners, or if the assessment district is invalidated by
court action. Prior to recordation of the first final map for the Property, if
required by City at its sole discretion, Developer shall also form one or
more property owner associations to assume ownership and
maintenance of open space land, trails, storm water detention and /or
debris basins and related drainage facilities, landscaping, and other
amenities, and to comply with the National Pollutant Discharge
Elimination System (NPDES) requirements of the Project. The obligation
of said property owner associations shall be more specifically defined in
the conditions of approval of Tract 54375463 and RPD 2904- 952003 -04.
6.13. In addition to fees specifically mentioned in this Agreement, Developer
agrees to pay all City capital improvement, development, and processing
fees at the rate and amount in effect at the time the fee is required to be
paid. Said fees include but are not limited to Library Facilities Fees,
Police Facilities Fees, Fire Facilities Fees, drainage, entitlement
processing fees, and plan check and permit fees for buildings and public
improvements. Developer further agrees that unless specifically
exempted by this Agreement, it is subject to all fees imposed by City at
the operative date of this Agreement and such future fees imposed as
determined by City in its sole discretion so long as said fee is imposed on
similarly situated properties.
6.14. Developer shall pay the Los Angeles Avenue Area of Contribution (AOC)
fee for each residential lot and institutional use prior to the issuance of a
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building permit for each lot or use. The AOC fee shall be the dollar
amount in effect at the time of issuance of the building permit for each
residential lot and institutional use.
6.15. The street improvements for all streets scheduled for dedication to the
City shall be designed and constructed by Developer to provide for a 50-
year life as determined by the City Engineer.
6.16. Developer agrees that any fees and payments pursuant to this
Agreement shall be made without reservation, and Developer expressly
waives the right to payment of any such fees under protest pursuant to
California Government Code Section 66020 and statutes amendatory or
supplementary thereto. Developer further agrees that the fees it has
agreed to pay pursuant to subsections 6.3, 6.5, 6.6 and 6.9 of this
Agreement are not public improvement fees collected pursuant to
Government Code Section 66006 and statutes amendatory or
supplementary thereto and that for purposes of Government Code
Section 65865(e) and statutes amendatory or supplementary thereto.
6.17. Developer agrees to comply with Section 15.40.150 of the Moorpark
Municipal Code and any provision amendatory or supplementary thereto
for annual review of this Agreement and further agrees that the annual
review shall include evaluation of its compliance with the approved MND
and MMRP.
6.18. Developer agrees to provide City with cash deposits as City may require
at its sole discretion to pay all City and related costs for the proceedings
and related services for possible formation of a District as referenced in
subsection 7.6 of this Agreement, which may be required to be paid prior
to formation of a District, or in the event a District is not formed, after the
commencement of proceedings related thereto. Said costs may include
but are not limited to attorney fees, engineering fees, City staff costs, and
City overhead expenses of fifteen percent (15 %) on all out of pocket and
professional service costs.
Developer further agrees that City may at its sole discretion select the
bond counsel, underwriter, financial advisor and any other professional
service provider City deems necessary to process the possible formation
of a District.
6.19. Developer agrees that any election to acquire property by eminent
domain shall be at City's sole discretion, and only after compliance with
all legally required procedures including but not limited to a hearing on a
proposed resolution of necessity.
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6.20. On the operative date of this Agreement, Developer shall pay all
outstanding City processing costs related to preparation of this
Agreement, Project Approvals, and MND.
6.21. In the event any of the "referenced Index" or "CPI" referred to in any
portion of Section 6 above, are discontinued or revised, such successor
index with which the "CPI" and or "referenced Index" are replaced shall
be used in order to obtain substantially the same result as would
otherwise have been obtained if either or both the "CPI" and "referenced
Index" had not been discontinued or revised.
6.22. Pursuant to approved MND and MMRP prior to recordation of the first
Final Tract Map for the Property, initiation of rough qradinq or issuance of
any subsequent permits the applicant shall purchase and dedicate fee
title for seventy -two (72) acres of open space in lieu of providing on -site
open space dedication pursuant to Section 17 38 080 of the Hillside
Management Ordinance. Prior to purchase and dedication the City
Council shall approve the location of the proposed open space land In
lieu of the purchase of the seventy -two (72) acres of open space
Developer may pay two million six hundred eighty thousand dollars
($2,680,000.00) to City to be used in its sole and unfettered discretion
Six hundred seventy thousand dollars ($670,000.00) shall be paid to the
City no later than one year from the operative date of this Agreement or
upon the recordation of the Final Map whichever occurs first
Subsequent annual payments of six hundred seventy thousand dollars
($670,000.00), shall be made for three years from the annual
anniversary of the first payment. The fee shall be adjusted annually
commencing January 1 2007 by the larger increase of a) or b) as follows:
a) The CPI increase shall be determined by using the information
provided by the U.S. Department of Labor Bureau of Labor
Statistics, for all urban consumers within the Los
Angeles /Riverside /Orange County metropolitan area during the
Prior year. The calculation shall be made using the month which
is four (4) months prior to the month in which this Agreement
became effective (e.q. if this Agreement became effective in
October, then the month of June is used to calculate the
increase).
b) The annual adiustment shall be determined by-any increase in
the median price of single- family detached for -sale housing in
Ventura County as most recently published by Data Quick
(Housing Index) for the previous twelve (12) month period
In the event there is a decrease in both of the referenced Indices for any
annual indexing, the Fee shall remain at its then current amount until
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such time as the next subsequent annual indexing which results in an
increase.
6.23. Prior to the occupancy of the 51St unit Developer shall pay City the cost
installing of a minimum two (two) inch rubberized asphalt overlay of
Championship Drive to Walnut Canyon Road. Cost of said rubberized
overlay shall include the cost of the overlay, any remedial work and the
estimated work to perform the overlay and shall be subject to the
approval of the City Engineer. The cash payment shall be in an amount
equivalent to the work described above plus fifteen percent (15% If
Tract 5464 has made the payment for this purpose then the obligation is
considered to be satisfied.
6.24. Concurrent with the recordation of the Final Map a Conservation
Easement, consistent with California Civil Code 815 et seg., shall be
granted to City for those portions of the site zoned Open Space Said
Conservation Easementshall be recorded on the Final Map or by
separate instrument as determined by the City Manager.
6.25. Developer shall provide an easement to the City for a City Welcome Sign
on the Project site at a location satisfactory to the Community
Development Director. The easement shall provide for the location and
maintenance of the sign. Developer agrees to pay Twenty -Five
Thousand Dollars ($25,000.00) to the City for the construction and
erection of the sign. The funds may be expended by City in its sole and
unfettered discretion. The fee shall be paid prior to occupancy of the first
residential unit. Developer agrees that design of the sign including the
lighting, shall be at the City's sole discretion.
6.26. All major construction traffic, heavy equipment and commercial vehicles
shall enter and exit the Proiect from Grimes Canyon Road.
7. City Agreements.
7.1. City shall commit reasonable time and resources of City staff to work with
Developer on the expedited and parallel processing of applications for
Subsequent Approvals for the Project area and shall use overtime and
independent contractors whenever possible. Developer shall assume any
risk related to, and shall pay the additional costs incurred by City for, the
expedited and parallel processing.
7.2. If requested in writing by Developer and limited to City's legal authority,
City at its sole discretion shall proceed to acquire, at Developer's sole
cost and expense, easements or fee title to land in which Developer does
not have title or interest in order to allow construction of public
improvements required of Developer including any land which is outside
City's legal boundaries. The process shall generally follow Government
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Code Section 66462.5 et sea. and shall include the obligation of
Developer to enter into an agreement with City, guaranteed by cash
deposits and other security as the City may require, to pay all City costs
including but not limited to, acquisition of the interest, attorney fees,
appraisal fees, engineering fees, City staff costs, and City overhead
expenses of fifteen percent (15 %) on all out -of- pocket costs.
7.3. The City Manager is authorized to sign an early grading agreement on
behalf of City to allow rough grading of the Project prior to City Council
approval of a final subdivision map. Said early grading agreement shall
be consistent with the conditions of approval for Tract 54375463 and
RPD 2084 -05 2003 -04 and contingent on City Engineer and DiFert9F , f
Community Development Director acceptance of a Performance Bond in
a form and amount satisfactory to them to guarantee implementation of
the erosion control plan and completion of the rough grading and
construction of on -site and off -site improvements. In the case of failure
to comply with the terms and conditions of the early grading agreement,
the City Council may by resolution declare the surety forfeited.
7.4. City agrees that whenever possible as determined by City in its sole
discretion to process concurrently all land use entitlements for the same
property so long as said entitlements are deemed complete.
7.5. City agrees that the Park Fee required under subsection 6.7. of this
Agreement meets Developer's obligation for park land dedication
provisions of state law and City codes.
7.6. City agrees that upon receipt of a landowners' petition by Developer and
Developer's payment of a fee, as prescribed in California Government
Code Section 53318, as well as payment for costs described in
subsection 6.18 of this Agreement, City shall commence proceedings to
form a Mello -Roos Community Facilities District ( "District ") and to incur
bonded indebtedness to finance all or portions of the public facilities,
infrastructure and services that are required by the Project and that may
be provided pursuant to the Mello -Roos Community Facilities Act of 1982
(the "Act "); provided, however, the City Council, in its sole and unfettered
discretion, may abandon establishment of the District upon the
conclusion of the public hearing required by California Government Code
Section 53321 and /or deem it unnecessary to incur bonded indebtedness
at the conclusion of the hearing required by California Government Code
Section 53345.
The purpose of any such District may also include fees for funding public
facilities, infrastructure and services that are required by the Project to
the extent permitted by the Act as determined by bond counsel for the
District's bond indebtedness financing. City may select and retain bond
counsel, engineers, underwriters, financial advisors and any other
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professional service providers it deems necessary at its sole discretion to
conduct proceedings and related services for possible formation of a
District. City further agrees that, to the extent permitted by the Act as
determined by bond counsel, Developer may be reimbursed for costs
advanced by Developer for formation and related proceedings.
In the event that a District is formed, the special tax levied against any
residential lot or residence thereon shall afford the buyer the option to
prepay the special tax in full prior to the close of escrow on the initial sale
of the developed lot by the builder of the residence.
7.7. The City agrees to appoint an affordable housing staff person to oversee
the implementation of the affordable housing requirements for the
Property required herein for the duration such units are required to be
maintained as affordable consistent with the provisions of subsection 6.9
of this Agreement and the Purchase and Sale Agreement.
City agrees that upon receipt of Developer's written request to acquire a
housing unit to meet its obligation under subsection 6.9 of this
Agreement, the City Manager, or his /her authorized representative, shall
respond within thirty (30) calendar days accepting or rejecting the
housing unit. Failure to respond within the specified time shall be
deemed as rejection of said unit.
City further agrees Developer may construct rather than purchase the
housing units required by subsection 6.9 of the Agreement so long as
Developer meets all requirements of this Agreement and the proposed
project. The property on which the units are proposed to be constructed
must be consistent with the City's General Plan, Zoning Codes, and the
Moorpark Municipal Code.
7.8. City shall facilitate the reimbursement to Developer of any costs incurred
by Developer that may be subject to partial reimbursement from other
developers as a condition of approval of a tract map development permit
or development agreement with one or more other developers.
8. Supersession of Agreement by Change of Law. In the event that any state or
federal law or regulation enacted after the date the Enabling Ordinance was
adopted by the City Council prevents or precludes compliance with any provision of
the Agreement, such provision shall be deemed modified or suspended to comply
with such state or federal law or regulation, as reasonably determined necessary by
City.
9. Demonstration of Good Faith Compliance. In order to ascertain compliance by
Developer with the provisions of this Agreement, the Agreement shall be reviewed
annually in accordance with Moorpark Municipal Code Chapter 15.40. of City or any
successor thereof then in effect. The failure of City to conduct any such annual
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review shall not, in any manner, constitute a breach of this Agreement by City,
diminish, impede, or abrogate the obligations of Developer hereunder or render this
Agreement invalid or void. At the same time as the referenced annual review, City
shall also review Developer's compliance with the MMRP.
10. Authorized Delays. Performance by any Party of its obligations hereunder, other
than payment of fees, shall be excused during any period of "Excusable Delay ", as
hereinafter defined, provided that the Party claiming the delay gives notice of the
delay to the other Parties as soon as possible after the same has been ascertained.
For purposes hereof, Excusable Delay shall mean delay that directly affects, and is
beyond the reasonable control of, the Party claiming the delay, including without
limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other
labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress
by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of
City to provide adequate levels of public services, facilities or infrastructure to the
Property including, by way of example only, the lack of water to serve any portion of
the Property due to drought; (g) delay caused by a restriction imposed or mandated
by a governmental entity other than City; or (h) litigation brought by a third party
attacking the validity of this Agreement, a Project Approval, a Subsequent Approval
or any other action necessary for development of the Property.
11. Default Provisions.
11.1. Default by Developer. The Developer shall be deemed to have breached
this Agreement if it:
(a) practices, or attempts to practice, any fraud or deceit upon City; or
willfully violates any order, ruling or decision of any regulatory or
judicial body having jurisdiction over the Property or the Project,
provided that Developer may contest any such order, ruling or
decision by appropriate proceedings conducted in good faith, in
which event no breach of this Agreement shall be deemed to have
occurred unless and until there is a final adjudication adverse to
Developer; or
(b) fails to make any payments required under this Agreement; or
(c) materially breaches any of the provisions of the Agreement.
11.2. Default by City. City shall be deemed in breach of this Agreement if it
materially breaches any of the provisions of the Agreement.
11.3. Content of Notice of Violation. Every notice of violation shall state with
specificity that it is given pursuant to this subsection of the Agreement,
the nature of the alleged breach, and the manner in which the breach
may be satisfactorily cured. Every notice shall include a period to cure,
which period of time shall not be less than ten (10) days from the date
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that the notice is deemed received, provided if the defaulting party cannot
reasonably cure the breach within the time set forth in the notice such
party must commence to cure the breach within such time limit and
diligently effect such cure thereafter. The notice shall be deemed given
on the date that it is personally delivered or on the date that it is
deposited in the United States mail, in accordance with Section 20
hereof.
11.4. Remedies for Breach. The Parties acknowledge that remedies at law,
including without limitation money damages, would be inadequate for
breach of this Agreement by any Party due to the size, nature and scope
of the Project. The Parties also acknowledge that it would not be feasible
or possible to restore the Property to its natural condition once
implementation of the Agreement has begun. Therefore, the Parties
agree that the remedies for breach of the Agreement shall be limited to
the remedies expressly set forth in this subsection. Prior to pursuing the
remedies set forth herein, notice and an opportunity to cure shall be
provided pursuant to subsection 11.3 herein.
The remedies for breach of the Agreement by City shall be injunctive
relief and /or specific performance.
The remedies for breach of the Agreement by Developer shall be
injunctive relief and /or specific performance. In addition, if the breach is
of subsections 6.9, 6.10, 6.12, 6.13, 6.14, 6.16, 6.17, and 6.18 of this
Agreement, City shall have the right to withhold the issuance of building
permits to Developer throughout the Project from the date that the notice
of violation was given pursuant to subsection 11.3 hereof until the date
that the breach is cured as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against any Developer who violates any City
ordinance or state statute.
12. Mortgage Protection. At the same time that City gives notice to Developer of a
breach, City shall send a copy of the notice to each holder of record of any deed of
trust on the portion of the Property in which Developer has a legal interest
( "Financier "), provided that the Financier has given prior written notice of its name
and mailing address to City and the notice makes specific reference to this section.
The copies shall be sent by United States mail, registered or certified, postage
prepaid, return receipt requested, and shall be deemed received upon the third (3rd)
day after deposit.
Each Financier that has given prior notice to City pursuant to this section shall have
the right, at its option and insofar as the rights of City are concerned, to cure any
such breach within fifteen (15) days after the receipt of the notice from City. If such
breach cannot be cured within such time period, the Financier shall have such
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additional period as may be reasonably required to cure the same, provided that the
Financier gives notice to City of its intention to cure and commences the cure within
fifteen (15) days after receipt of the notice from City and thereafter diligently
prosecutes the same to completion. City shall not commence legal action against
Developer by reason of Developer's breach without allowing the Financier to cure
the same as specified herein.
Notwithstanding any cure by Financier, this Agreement shall be binding and
effective against the Financier and every owner of the Property, or part thereof,
whose title thereto is acquired by foreclosure, trustee sale or otherwise.
13. Estoppel Certificate. At any time and from time to time, Developer may deliver
written notice to City and City may deliver written notice to Developer requesting that
such Party certify in writing that, to the knowledge of the certifying Party, (i) this
Agreement is in full force and effect and a binding obligation of the Parties, (ii) this
Agreement has not been amended, or if amended, the identity of each amendment,
and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a
description of each such breach. The Party receiving such a request shall execute
and return the certificate within thirty (30) days following receipt of the notice. City
acknowledges that a certificate may be relied upon by successors in interest to the
Developer who requested the certificate and by holders of record of deeds of trust
on the portion of the Property in which that Developer has a legal interest.
14. Administration of Agreement. Any decision by City staff concerning the
interpretation and administration of this Agreement and development of the Property
in accordance herewith may be appealed by the Developer to the City Council,
provided that any such appeal shall be filed with the City Clerk of City within ten (10)
days after the affected Developer receives notice of the staff decision. The City
Council shall render its decision to affirm, reverse or modify the staff decision within
thirty (30) days after the appeal was filed. The Developer shall not seek judicial
review of any staff decision without first having exhausted its remedies pursuant to
this section.
15. Amendment or Termination by Mutual Consent. In accordance with the provisions
of Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof
then in effect, this Agreement may be amended or terminated, in whole or in part,
by mutual consent of City and the affected Developer.
15.1. Exemption for Amendments of Project Approvals. No amendment to a
Project Approval shall require an amendment to this Agreement and any
such amendment shall be deemed to be incorporated into this Agreement
at the time that the amendment becomes effective, provided that the
amendment is consistent with this Agreement and does not alter the
permitted uses, density, intensity, maximum height, size of buildings or
reservations and dedications as contained in the Project Approvals.
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16. Indemnification. Developer shall indemnify, defend with counsel approved by City,
and hold harmless City and its officers, employees and agents from and against any
and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries
or judgments arising out of, or resulting in any way from, Developer's performance
pursuant to this Agreement.
Developer shall indemnify, defend with counsel approved by City, and hold
harmless City and its officers, employees and agents from and against any action or
proceeding to attack, review, set aside, void or annul this Agreement, or any
provision thereof, or any Project Approval or Subsequent Approval or modifications
thereto, or any other subsequent entitlements for the project and including any
related environmental approval.
17. Time of Essence. Time is of the essence for each provision of this Agreement of
which time is an element.
18. Operative Date. This Agreement shall become operative on the date the Enabling
Ordinance becomes effective pursuant to Government Code Section 36937.
19. Term. This Agreement shall remain in full force and effect for a term of twenty (20)
years commencing on its operative date or until the close of escrow on the initial
sale of the last Affordable Housing Unit required by subsection 6.9, whichever
occurs last, unless said term is amended or the Agreement is sooner terminated as
otherwise provided herein.
Expiration of the term or earlier termination of this Agreement shall not automatically
affect any Project Approval or Subsequent Approval that has been granted or any
right or obligation arising independently from such Project Approval or Subsequent
Approval.
Upon expiration of the term or earlier termination of this Agreement, the Parties
shall execute any document reasonably requested by any Party to remove this
Agreement from the public records as to the Property, and every portion thereof, to
the extent permitted by applicable laws.
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20. Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed received when personally delivered or upon
the third (3rd) day after deposit in the United States mail, registered or certified,
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postage prepaid, return receipt requested, to the Parties at the addresses set forth
in Exhibit "B" attached hereto and incorporated herein.
Any Party may, from time to time, by written notice to the other, designate a different
address which shall be substituted for the one above specified.
21. Entire A reement. This Agreement and those exhibits and documents referenced
herein contain the entire agreement between the Parties regarding the subject
matter hereof, and all prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be amended, except as expressly
provided herein.
22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of
any other provision, whether or not similar; nor shall any such waiver constitute a
continuing or subsequent waiver of the same provision. No waiver shall be binding,
unless it is executed in writing by a duly authorized representative of the Party
against whom enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not rendered
impractical to perform, taking into consideration the purposes of this Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as an
agent of any of the other Parties in any respect. Nothing contained herein or in any
document executed in connection herewith shall be construed as creating the
relationship of partners, joint ventures or any other association of any kind or nature
between City and Developer, jointly or severally.
25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole
benefit of the Parties and their successors in interest. No other person shall have
any right of action based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments. This Agreement and any amendment
thereof shall be recorded with the County Recorder of the County of Ventura by the
City Clerk of City within the period required by Chapter 15.40 of the Moorpark
Municipal Code of City or any successor thereof then in effect.
27. Cooperation Between City and Developer. City and Developer shall execute and
deliver to the other all such other and further instruments and documents as may be
necessary to carry out the purposes of this Agreement.
28. Rules of Construction. The captions and headings of the various sections and
subsections of this Agreement are for convenience of reference only, and they shall
not constitute a part of this Agreement for any other purpose or affect interpretation
of the Agreement. Should any provision of this Agreement be found to be in conflict
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with any provision of the Project Approvals or the Subsequent Approvals, the
provision of this Agreement shall prevail. Should any provision of the
Implementation Plan be found to be in conflict with any provision of this Agreement,
the provisions of the Implementation Plan shall prevail.
29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly
and equally by the Parties, and it shall not be construed against any Party on the
ground that the Party prepared the Agreement or caused it to be prepared.
30. Governing Law and Venue. This Agreement is made, entered into, and executed in
the County of Ventura, California, and the laws of the State of California shall
govern its interpretation and enforcement. Any action, suit or proceeding related to,
or arising from, this Agreement shall be filed in the appropriate court having
jurisdiction in the County of Ventura.
31.1 Attorneys' Fees. In the event any action, suit or proceeding is brought for the
enforcement or declaration of any right or obligation pursuant to, or as a result of
any alleged breach of, this Agreement, the prevailing Party shall be entitled to its
reasonable attorneys' fees and litigation expenses and costs, and any judgment,
order or decree rendered in such action, suit or proceeding shall include an award
thereof.
32. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which constitute one and the same
instrument.
IN WITNESS WHEREOF, and City of Moorpark have executed this Development
Agreement on the date first above written.
CITY OF MOORPARK
Patrick Hunter
Mayor
OWNER/DEVELOPER
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Toll Land XX Limited Partnership
By.
ALL SIGNATURES MUST BE NOTARIZED
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EXHIBIT A
LEGAL DESCRIPTION
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EXHIBIT "B"
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
Toll Land XX Limited Partnership
• ��.
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RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2003 -04 AND TENTATIVE MAP NO.
5463 FOR FIFTY -ONE (51) SINGLE - FAMILY HOMES ON 43.04
ACRES NORTH OF CHAMPIONSHIP DRIVE AND EAST OF GRIMES
CANYON ROAD, ON THE APPLICATION OF TOLL BROTHERS,
INC.
WHEREAS, on June 28, 2005, the Planning Commission adopted
Resolution No. PC- 2005 -484, recommending approval to the City Council of Residential
Planned Development Permit No. 2003 -04 and Tentative Map No. 5463 for fifty -one
(51) single - family homes on 43.04 acres north of Championship Drive and east of
Grimes Canyon Road, on the application of Toll Brothers, Inc.; and
WHEREAS, at a duly noticed public hearing on July 19, 2006 and August 2,
2006, the City Council considered the agenda report for Residential Planned
Development Permit No. 2003 -04 and Tentative Map No. 5463 and any supplements
thereto and written public comments; opened the public hearing and took and
considered public testimony both for and against the proposal, closed the public hearing
and reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed considered, and adopted the
proposed Mitigated Negative Declaration prepared for the project referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the information
set forth in the staff report(s) and accompanying maps and studies the City Council has
determined that the Tentative Map No. 5463, with imposition of the attached Special
and Standard Conditions of Approval, meets the requirements of California Government
Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that:
A. The proposed map would be consistent with the City of Moorpark General Plan
and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -04
and Zone Change No. 2003 -03, to allow for a density up to 1.2 units per acre.
B. The design and improvements of the proposed subdivision would be consistent
with the City of Moorpark General Plan, if amended by General Plan Amendment
No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.48
units per acre.
C. The site is physically suitable for the type of development proposed in that the
site can be engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress can be obtained, and the site can be provided with
public and emergency services.
CC ATTACHMENT 8
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Resolution No. 2006 -
Page 2
D. The site is physically suitable for the proposed density of development, in that the
design provides for large graded pads for the proposed houses.
E. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that all potential impacts would be
mitigated through project design or conditions.
F. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation is both feasible
and required as a condition of this development.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large, for access through, or use of the
property within the proposed subdivision, in that these easements have been
identified and incorporated in the design of this project.
H. There will be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality control
requirements under Water Code Section 13000 et seq.
I. The proposed subdivision does not contain or front upon any public waterway,
river, stream, coastline, shoreline, lake, or reservoir.
SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. The site design, including structure, location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the General Plan, any applicable Specific Plans, Zoning Ordinance,
and any other applicable regulations upon approval of General Plan Amendment
No. 2003 -04 and Zone Change No. 2003 -03 in that the site design is consistent
with modern development techniques, and the development will utilize high
quality architectural materials and treatments to enhance the visual appeal of the
structures to be constructed.
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that adequate provision
of public access, sanitary services, and emergency services have been ensured
in the processing of this request and the use proposed is similar to adjacent
uses, and access to or utility of those adjacent uses are not hindered by this
project.
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the surrounding, existing and future development
includes low- density single - family detached homes.
000063
Resolution No. 2006 -
Page 3
SECTION 3. CITY COUNCIL APPROVAL: The City Council approves:
A. Tentative Map No. 5463 subject to the special and standard Conditions of
Approval included in Exhibit A, attached hereto and incorporated herein by
reference; and
B. Residential Planned Development Permit No. 2003 -04, subject to the special and
standard Conditions of Approval included in Exhibit A, attached hereto and
incorporated herein by reference.
SECTION 4. The effective date of Tentative Map No. 5463 and Residential
Planned Development Permit No. 2003 -04 shall be concurrent with the effective date of
the Ordinance for Zone Change No. 2003 -03 and the Ordinance for Development
Agreement No. 2004 -01, whichever occurs last.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 2nd day of August, 2006.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A — Special and Standard Conditions of Approval for Residential Planned
Development Permit No. 2003 -04 and Tentative Map No. 5463
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Resolution No. 2006 -
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EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
SIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2003
SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5463
This subdivision shall expire three (3) years from the date of its approval. The
Community Development Director may, at his /her discretion, grant up to two (2)
additional one -year extensions for map recordation, if there have been no
changes in the adjacent areas and if the applicant can document that he /she has
diligently worked towards Map recordation during the initial period of time. The
request for extension of this Map shall be made in writing, at least thirty (30) days
prior to the expiration date of the map and shall be accompanied by applicable
entitlement processing deposits.
2. Up to a maximum of fifty -one (51) dwelling units may be developed under this
entitlement.
3. Within thirty calendar days of submittal of the first plan check for Final Map the
applicant shall provide a copy of the Covenants, Conditions, and Restrictions to
the Community Development Director and the City Attorney for review and
approval to ensure consistency with the Moorpark Municipal Code, Tentative
Tract Map No. 5463 and Residential Planned Development Permit No. 2003 -04,
as conditioned. Submittal shall include a $5,000.00 deposit to be used for the
City Attorney's cost of review.
4. Concurrent with map recordation, the applicant shall provide, as part of the street
improvement plans, a public service easement within the private streets, subject
to approval of the Community Development Director and City Engineer.
5. Prior to the issuance of the first building permit, the Developer shall provide the
City with a written request for the City to adopt a resolution authorizing
enforcement of applicable provisions of the California Vehicle Code and
Moorpark Municipal Code.
6. The Developer shall comply with all mitigation measures of the Mitigated
Negative Declaration. Said mitigation measures are hereby adopted by reference
and made Conditions of Approval.
7. A Traffic Systems Management fee shall be paid, on a per home basis,
consistent with such fee paid for Tract 4928, or in effect at the time of building
permit issuance, or as specified in any development agreement adopted for this
project.
8. The Developer shall improve both sides of Grimes Canyon Road to its ultimate
right -of -way from Championship Drive north to northern City limits, including
undergrounding of all utilities including all electrical lines of 67 kv or less.
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Transition paving shall be provided north of the City Limits on both sides of the
street. The developer shall pay all City costs for acquisition of the properties
needed for construction of these improvements including but not limited to legal,
engineering, planning, and appraisal costs in addition to the costs for acquisition
of properties. Fifteen percent (15 %) shall be added to all City out -of- pocket
expenses for the acquisition costs, excluding the actual cost of the properties.
Such improvement shall be completed within ninety (90) days of obtaining the
real property needed for said improvement or receipt of all permits required for
the improvement. Such improvements must start prior to issuance of a building
permit for the first dwelling unit and shall be completed prior to the issuance of
the building permit for the tenth dwelling unit.
9. Sidewalks shall be provided on both sides of all private streets within the tract,
subject to review and approval of the Community Development Director.
10. Prior to the submittal for first plan check of the improvement plans, the Developer
shall ascertain the adequacy of the existing lift stations to handle the expected
flows from the additional dwelling units. The expected flows shall be verified and
accepted by Waterworks District 1. The Developer shall be required to make all
necessary upgrades /improvements to the lift stations to handle the expected
flows. As part of the submittal of improvement plans, hydraulic analyses,
prepared by a registered civil engineer, shall be provided to Waterworks District 1
to determine the adequacy of the proposed and existing sewer lines.
11. The improvement plans shall provide a point of connection for the water system
at the north end of the development to "loop" the system. The developer shall be
responsible for the installation of the water system connection.
12. Prior to the occupancy of the first dwelling, the Developer shall provide an
enclosure to house and reduce the noise that emanates from the existing
emergency generator at Ventura County Waterworks District No. 1, Well No. 15,
to an acceptable level as determined by Waterworks District 1 and the
Community Development Director.
13. Water impoundment(s) shall be maintained in a manner which will not create
mosquito breeding sources and in compliance with the grading ordinance and the
requirements of the City Engineer.
14. The applicant shall comply with all provisions of Chapter 17.38 (Hillside
Management) of the Moorpark Municipal Code (MMC) unless waived by the
adoption of a development agreement.
15. The boundaries of areas along Championship Drive maintained by the
Landscape Maintenance District and /or the Homeowners Association shall be
consistent with those approved in Tract 4928. Said boundaries shall be subject
to review and approval of the Community Development Director, Public Works
Director, and Community Services Director. All lots shall be made a part of the
existing Landscape Maintenance District (LMD) for Championship Drive or
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establish a new LMD at City's discretion, to maintain the Multi- purpose trail,
landscaping, detention basins, and City monument signs.
16. Within ninety (90) days of the approval of the final building permit for the last
home in the project, the applicant shall install a four -way stop with appropriate
signing at the intersection of Championship Drive and Trevino Drive if traffic
warrants are met as determined by the City Engineer and good engineering
practices.
17. All major construction traffic, heavy equipment, and commercial vehicles shall
enter and exit the site from Grimes Canyon Road.
18. By December 31, 2006, the Developer shall provide final paving of
Championship Drive from Grimes Canyon Road to Walnut Canyon Road
pursuant to plans and specifications approved by the City Engineer at his /her
sole discretion. Said specifications may include, but are not limited to, deflective
testing, removal and replacement/repair of sub -base, base and existing asphalt,
adjustment of utility covers and manholes, replacement of pavement markings,
and City's cost of inspection and administration of said work.
19. A separate Homeowner's Association (HOA) shall be established for Tract 5463.
Said HOA shall be independent of the "Country Club Estates at Moorpark Master
Owners Association" unless this project is annexed to the existing Moorpark
Country Club Estates Homeowner's Association (HOA). If there is an annexation
election the developer shall pay all reasonable costs associated with notification
including, but not limited to any title reports needed to ascertain who the owns
the first deed of trust.
20. The developer shall provide a landscape and fencing buffer plan between the
development and the adjacent agricultural uses. The location, type, and
installation of said fencing and landscaping shall be subject to review and
approval of the Community Development Director.
21. Concurrent with map recordation, the developer shall provide an easement to the
City for a City Welcome Sign on the Project site at a location satisfactory to the
Community Development Director. Such sign shall be maintained in perpetuity
by the Landscape Maintenance District. The easement shall provide for the
location and maintenance of the sign. Developer agrees to pay $25,000 to the
City for the construction and erection of the sign. The funds may be expended
by City in its sole and unfettered discretion. The fee shall be paid prior to
occupancy of the first residential unit. Developer agrees that design of the sign,
including the lighting, shall be at the City's sole discretion.
22. Prior to map recordation, the Developer shall obtain a Fuel Modification
Maintenance Program subject to the review and approval of the Ventura County
Fire Protection District.
23. A two- hundred foot (200') agricultural buffer easement shall be recorded on the
final map. No buildings or structures shall be permitted within this easement.
The easement shall be clearly disclosed to all buyers.
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24. Prior to, or concurrent with Final Map Recordation, a "Back -Up" Assessment
District shall be formed to fund future City costs, should they occur, for the
maintenance of private slopes, parkway landscaping, median landscaping or
drainage improvements previously maintained by a Private Responsible Party
and then assumed by the City.
SPECIAL CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED
DEVELOPMENT NO. 2003 -04
1. This planned development permit shall expire two (2) years from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his /her
discretion, grant up to two (2) additional one -year extensions for use
inauguration of the development permit, if there have been no changes in the
adjacent areas and if the applicant can document that he /she has diligently
worked towards use inauguration during the initial period of time. The request
for extension of this planned development permit shall be made in writing, at
least thirty (30) days prior to the expiration date of the permit and shall be
accompanied by applicable entitlement processing deposits.
2. The Country Club Estates Architectural Guidelines as approved /recorded shall
be adopted herein by reference.
3. Any minor changes proposed to the Architectural Guidelines shall be
considered by the Community Development Director upon filing of a Permit
Adjustment application and payment of the fee in effect at the time of
application.
4. Any proposed substantive or wholesale change to Architectural Guidelines shall
be considered by the City Council upon filing of a Modification application and
payment of the fee in effect at the time of application.
5. Prior to occupancy of the first home, grading and landscaping, subject to the
satisfaction of the Community Development Director shall be constructed on
the south side of the site, west of "A" Street, to provide a visual barrier of the
homes west of "A" Street from the homes south of Championship Drive, and
west of Trevino Drive. The applicant shall use flags or other visual devices to
verify that no part of homes located on Lots 28 through 41 of Tract No. 5463
shall be visible from the rear yards or balconies of Lots 1 through 4, 64 and 65
of Tract No.4928 -2.
6. The grading and landscaping referred to in Condition No. 5 shall be within
common Homeowner's Association lots. The rear property line of Lots 37 -40
shall be located at least twenty feet (20) below the highest point of the berm.
7. Any gates to control vehicle access are to be located to allow a vehicle waiting
for entrance to be completely off the intersecting roadway. A minimum clear
open width of fifteen (15) feet in each direction shall be provided for separate
entry/exit gates and a minimum twenty (20) for combined entry/exit gates. If
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gates are to be locked, a Knox system shall be installed. The method of gate
control, including operation during power failure, shall be subject to review by
the Fire Prevention Division. Gate plan details shall be submitted to the Fire
District for approval prior to installation. A final acceptance inspection by the
Fire District is required prior to placing any gate into service.
8. A maximum of one gate is allowed on a secondary access unless an alternative
is agreed upon by the Ventura County Fire Protection District. An auto exit loop
is required to allow residents exit upon demand in the event of an emergency.
9. The secondary access for the project to Grimes Canyon Road must be a
minimum of thirty -six (36') feet wide and constructed of asphalt or concrete.
Said access shall be maintained by the Homeowner's Association.
10. The detention basin adjacent to Championship Drive shall be landscaped in
such a fashion as to screen, to the full extent possible as determined by the
Community Development Director, the public's view of the detention basin from
Championship Drive. Said detention basin shall be maintained by the
Landscape Maintenance District.
11. All manufactured slopes shall be landscaped and irrigated subject to review
and approval of the Community Development Director. Additionally, natural
slopes adjacent to Grimes Canyon Road may be required to be landscaped
and irrigated. Orchard type trees and landscaping shall be prohibited.
STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5463
AND RESIDENTIAL PLANNED DEVELOPMENT NO. 2003 -04
A. The following conditions shall be required of all projects:
GENERAL REQUIREMENTS
Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read
and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement/Notice shall include a legal description of the subject property, and
have the appropriate notary acknowledgement suitable for recordation.
2. The Final Map shall include the final Conditions of Approval by reference and a
reference to the adopted City Council resolution in a format acceptable to the
Community Development Director.
3. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies
at the time of the entitlement approval, supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on
said Map and /or plans.
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4. Conditions of this entitlement shall not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
5. All mitigation measures required as part of an approved Mitigation Monitoring
Reporting Program (MMRP) for this project are hereby adopted and included as
requirements of this entitlement. Where conflict or duplication between the
MMRP and the Conditions of Approval occurs the Community Development
Director shall determine compliance.
6. If any archeological or historical finds are uncovered during grading or excavation
operations, all grading or excavation shall cease in the immediate area and the
find shall be left untouched. The applicant shall assure the preservation of the
site and immediately contact the Community Development Director informing the
Director of the find. The applicant shall be required to obtain the services of a
qualified paleontologist or archeologist, whichever is appropriate to recommend
disposition of the site. The paleontologist or archeologist selected shall be
approved by the Community Development Director. The applicant shall pay for
all costs associated with the investigation and disposition of the find.
7. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a
grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery shall be prepared and submitted to the Director of
Community Development for review and approval. The development and
implementation of this Plan shall include consultations with the Applicant's
engineering geologist as well as a requirement that the curation of all specimens
recovered under any scenario will be through the Los Angeles County Museum
of Natural History (LACMNH), that unless a written directive is issued by the City
of Moorpark within thirty (30) days of receipt of a report on the resources found
all specimens will remain the property of LACMNH, and subject to their
discretion. The monitoring and data recovery should include periodic inspections
of excavations to recover exposed fossil materials. The cost of this data
recovery shall be limited to the discovery of a reasonable sample of available
material. The interpretation of reasonableness shall rest with the Director of
Community Development.
8. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning this entitlement approval, which claim, action or
proceeding is brought within the time period provided therefore in Government
Code Section 66499.37 or other sections of state law as applicable. The City will
promptly notify the applicant of any such claim, action or proceeding, and, if the
City should fail to do so or should fail to cooperate fully in the defense, the
applicant shall not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees pursuant to this condition.
000070
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a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a Final Map is ultimately recorded with respect to
the subdivision or a building permit is issued pursuant to the planned
development permit.
9. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
10. All facilities and uses, other than those specifically requested in the application
and those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
FEES
11. Entitlement Processing: Prior to the issuance of any Zoning Clearance,
entitlement, building permit, grading permit, or advanced grading permit the
applicant shall submit to the Community Development Department all
outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment shall be made within sixty (60) calendar days of
approval of this entitlement.
12. Condition Compliance: Prior to the issuance of any Zoning Clearance, building
permit, grading permit, or advanced grading permit, the applicant shall submit to
the Community Development Department the Condition Compliance review
deposit.
13. Capital Improvements and Facilities, and Processing: Prior to the issuance of any
Zoning Clearance, the applicant shall submit to the Community Development
Department, capital improvement, development, and processing fees at the
current rate in effect. Said fees include, but are not limited to public improvement
plan checks and permits. Unless specifically exempted by City Council, the
applicant is subject to all fees imposed by the City as of the issuance of the first
permit for construction and such future fees imposed as determined by City in its
sole discretion so long as said fee is imposed on similarly situated properties.
14. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant
shall submit to the Community Development Department Park and Recreation
Fees in accordance with the Moorpark Municipal Code and to the satisfaction of
the Parks, Recreation and Community Services Director. .
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15, Fire Protection Facilities: Prior to or concurrently with the issuance of a building
permit, current Fire Protection Facilities Fees shall be paid to the Building and
Safety Division. The fee shall be paid in accordance with City Council adopted
Fire Protection Facilities Fee requirements in effect at the time of building permit
application.
16. Library Facilities: Prior to or concurrently with the issuance of a building permit
the Library Facilities Fee shall be paid to the Building and Safety Division. The
fee shall be paid in accordance with City Council adopted Library Facilities Fee
requirements in effect at the time of building permit application.
17. Police Facilities: Prior to or concurrently with the issuance of a building permit the
Police Facilities Fee shall be paid to the Building and Safety Division. The fee
shall be paid in accordance with City Council adopted Police Facilities Fee
requirements in effect at the time of building permit application.
18. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for
each building permit, the applicant shall submit to the Community Development
Department the established Moorpark Traffic Systems Management (TSM) Fee
for the approved development consistent with adopted City policy for calculating
such fee.
19. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development
Department a fair -share contribution for intersection improvements relating to the
project. The level of fair -share participation will be to the satisfaction of the City
Engineer based on the traffic report prepared for the project and the extent of the
impact to these intersections.
20. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit,
the applicant shall submit to the Community Development Department the
Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential
projects, or by use for commercial and industrial projects, based upon the
effective date of approval of the entitlement. Commencing on the first of the year
of this approval, and annually thereafter, the fee shall be increased to reflect the
change in the Caltrans Highway Bid Price (OR Engineering News Record
Construction Index) for the twelve (12) month period available on December 31
of the preceding year ( "annual indexing "). In the event there is a decrease in the
referenced Index for any annual indexing, the current amount of the fee shall
remain until such time as the next subsequent annual indexing which results in
an increase.
21. Area of Contribution: Prior to the issuance of a Zoning Clearance for each
building permit, the applicant shall pay to the Community Development
Department the Area of Contribution (AOC) Fee for the area in which the project
is located. The fee shall be paid in accordance with City Council adopted AOC
fee requirements in effect at the time of building permit application.
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22. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a
building permit, whichever occurs first the applicant shall pay to the Community
Development Department all energy costs associated with public street lighting
for a period of one year from the acceptance of the street improvements.
23. Schools: Prior to issuance of building permits for each building, the applicant
shall provide written proof to the Community Development Department that all
legally mandated school impact fees applicable at the time of issuance of a
building permit have been paid to the Moorpark Unified School District.
24. Electronic Conversion: In accordance with City policy, the applicant shall submit
to the Community Development Department, City Engineer and the Building and
Safety Division the City's electronic image conversion fee for
entitlement/condition compliance documents; Final Map/ engineering
improvement plans /permit documents; and building plans /permit documents,
respectively.
25. Fish and Game: Within two (2) business days after the City Council /Planning
Commission adoption of a resolution approving this project, the applicant shall
submit to the City of Moorpark two separate checks for Negative Declaration or
Environmental Impact Report, and Administrative Fee, both made payable to the
County of Ventura, in compliance with Assembly Bill 3158 for the management
and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to
Public Resources Code Section 21089, and Fish and Game Code Section 711.4,
the project is not operative, vested or final until the filing fees are paid.
26. Crossing Guard: Prior to recordation of Final Map or prior to the issuance of a
building permit, whichever occurs first, the applicant shall pay to the Community
Development Department an amount to cover the costs associated with a
crossing guard for five years at the then current rate, plus the pro -rata cost of
direct supervision of the crossing guard location and staffs administrative costs
(calculated at fifteen percent (15 %) of the above costs).
27. Affordable Housing Agreement/Plan: Prior to the preparation of an Affordable
Housing Agreement and /or an Affordable Housing Implementation and Resale
Restriction Plan, the applicant shall pay to the City the City's cost to prepare the
required Plan and Agreement.
28. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to the
Community Development Department citywide Storm Drain Discharge
Maintenance Fee. The fee shall be paid in accordance with City Council adopted
Storm Drain Discharge Maintenance Fee requirements in effect at the time of
building permit application.
CABLE TELEVISION
29. Prior to commencement of project construction the applicant shall provide notice
of its construction schedule to all persons holding a valid cable television
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Resolution No. 2006 -
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franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in
advance of construction to allow the Cable Franchisees to coordinate installation
of their equipment and infrastructure with that schedule. The City shall provide
the applicant a list of Cable Franchisees upon request. During construction, the
applicant shall allow the Cable Franchisees to install any equipment or
infrastructure (including conduit, power supplies, and switching equipment)
necessary to provide Franchisee's services to all parcels and lots in the Project.
30. In the event the cable television services or their equivalent are provided to the
project or individual lots under collective arrangement or any collective means
other than a Cable Franchisee (including, but not limited to, programming
provided over a wireless or satellite system contained within the Project), the
Home Owners Association (HOA) shall pay monthly to City an access fee of five
(5 %) percent of gross revenue generated by the provision of those services, or
the highest franchise fee required from any City Cable Franchisee, whichever is
greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal
Code and any successor amendment or supplementary provision thereto.
31. In the event cable television services or their equivalent are provided to the
project by any means other than by a City Cable Franchise, the City's
government channel shall be available to all units as part of any such service, on
the same basis and cost as if the project was served by a City Cable Franchise.
AFFORDABLE HOUSING REQUIREMENTS
32. Prior to or concurrently with the first Final Map approval the applicant shall enter
into an Affordable Housing Agreement. Consistent with the City's General Plan
Housing Element, State law and Moorpark Redevelopment Agency
Implementation Plan, this subdivision is subject to execution of an Affordable
Housing Agreement between the City of Moorpark and the applicant. The
Affordable Housing Agreement shall set forth the procedure for meeting an
affordable housing requirement of ten percent (10 %) of the total number of
approved dwelling units for properties outside of a Redevelopment Project Area
and fifteen (15 %) percent of the total number of approved dwelling units for
projects which are in a Redevelopment Project Area. The Agreement may be
part of a Development Agreement.
33. Prior to the preparation of an Affordable Housing Agreement or a Affordable
Housing Implementation and Resale Restriction Plan the applicant shall agree to
provide low income and very low income units as specified in the Special
Conditions of Approval, included herein, to meet the requirements of California
Health and Safety Code 33410 et seq.
34. Prior to the recordation of the first Final Map for this project the applicant and the
City shall execute an Affordable Housing Agreement that incorporates a Council
approved Affordable Housing Implementation and Resale Restriction Plan
consistent with the Conditions of Approval of this subdivision. The initial sales
price, location of the affordable units, buyer eligibility, and resale restrictions,
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Resolution No. 2006 -
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respective role of the City and the applicant, and any other item determined
necessary by the City shall be set forth in the Plan.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
35. The Building Plans shall be in substantial conformance to the plans approved
under this entitlement and shall specifically reflect the following:
a. Final exterior building materials and paint colors shall be consistent with
the approved plans under this permit. Any changes to the building
materials and paint colors are subject to the review and approval of the
Community Development Director.
36. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the
applicant shall install U.S. Postal Service approved mailboxes in accordance with
the requirements of the local Postmaster.
37. Any expansion, alteration or change in architectural elements requires prior
approval of the Community Development Director. Those changes in
architectural elements that the Director determines would visible from abutting
street(s) shall only be allowed, if, in the judgment of the Community Development
Director such change is compatible with the surrounding area. Any approval
granted by the Director shall be consistent with the approved Design Guidelines
(if any) for the planned development and applicable Zoning Code requirements.
38. A minimum twenty (20') foot by twenty (20') foot clear and unobstructed parking
area for two (2) vehicles shall be provided in a garage for each dwelling unit.
Single garages shall measure a minimum of twelve (12') foot wide by twenty (20')
foot deep clear and unobstructed area. Steel, aluminum clad or fiberglass roll -up
garage doors shall be provided. Garage doors shall be a minimum of sixteen
(16') feet wide by seven (7') feet high for double doors and nine (9') feet wide by
seven (7') feet high for single doors. A minimum twenty (20') foot long concrete
paved driveway shall be provided in front of the garage door outside of the street
right -of -way.
39. All homes /units shall be constructed employing energy saving devices. These
devices shall include, but not be limited to ultra low flush toilets (to not exceed
1.6 gallons), low water use shower controllers, natural gas fueled stoves,
pilotless ovens and ranges, electric ovens, night set back features for
thermostats connected to the main space- heating source, kitchen ventilation
systems with automatic dampers,
40. When required by Title 15 of the Moorpark Municipal Code, rain gutters and
downspout shall be provided on all sides of the structure for all structures where
there is a directional roof flow. Water shall be conveyed to an appropriate
drainage system, consistent with NPDES requirements, as determined by the
City Engineer.
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OPERATIONAL REQUIREMENTS
41. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
42. Prior to the issuance of a Zoning Clearance for building permits the applicant
shall submit to the Community Development Director for review and approval,
with the required deposit, three full sets of Landscaping and Irrigation Plans
prepared by a licensed landscape architect and drawn on a plan that reflects final
grading configuration, in conformance with the City of Moorpark Landscape
Standards and Guidelines, policies and NPDES requirements; including, but not
limited to, all specifications and details and a maintenance plan. Perimeter and
common area Fences and walls shall be shown on the Landscape and Irrigation
Plans, including connection, at the applicant's expense, of property line walls with
existing fences and or walls on any adjacent residential, commercial or industrial
properties. The plan shall maintain proper vehicle sight distances subject to the
review of the City Engineer, and encompass all required planting areas
consistent with these Conditions of Approval. Review by the City's Landscape
Architect Consultant and City Engineer, and approval by the Community
Development Director prior to issuance of a Zoning Clearance for building permit,
is required.
43. Prior to or concurrently with the submittal of the Landscaping and Irrigation
Plans, the specific design and location of the neighborhood identification
monument sign shall be submitted for review and approval by the Community
Development Director. The sign shall be installed concurrent with perimeter
project wall installation.
44. Unless otherwise stipulated in the Special Conditions of Approval, the applicant
shall be responsible for the maintenance of any and all parkway landscaping
constructed as a requirement of the project, whether said parkway landscaping is
within the street right -of -way or outside of the street right -of -way. Any parkway
landscaping outside of the street right -of -way shall be within a landscape
easement, until passed on to an appropriate entity.
45. All required landscape easements shall be clearly shown on the Final Map or on
other recorded documents if there is no Final Map.
46. When available and allowed by law, use of reclaimed water shall be required for
landscape areas subject to the approval of the Community Development
Director, the City Engineer and Ventura County Waterworks District No. 1.
47. Landscaped areas shall be designed with efficient irrigation to reduce runoff and
promote surface filtration and minimize the use of fertilizers and pesticides, which
can contribute to urban runoff pollution. Parking and associated drive areas with
five (5) or more spaces shall be designed to minimize degradation of storm water
quality. Best Management Practice landscaped areas for infiltration and
x+000'76
Resolution No. 2006 -
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biological remediation or approved equals, shall be installed to intercept and
effectively prohibit pollutants from discharging to the storm drain system. The
design shall be submitted to the Community Development Director and City
Engineer for review and approval prior to the issuance of a building permit.
48. All landscaping shall be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
49. Prior to the issuance of Zoning Clearance for occupancy all required fences /walls
for each lot shall be in place unless an alternative installation is approved by the
Community Development Director.
C. Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
GENERAL
50. Grading, drainage and improvement plans and supporting reports and
calculations shall be prepared in conformance with the "Land Development
Manual' and "Road Standards" as promulgated by Ventura County; "Hydrology
Manual' and "Design Manual' as promulgated by Ventura County Watershed
Protection District; "Standard Specifications for Public Works Construction" as
published by BNI (except for signs, traffic signals and appurtenances thereto; for
signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation);
"Engineering Policies and Standards" of the City of Moorpark, "Policy of
Geometric Design of Highways and Streets," most recent edition, as published by
the American Association of State Highway and Transportation Officials. In the
case of conflict between the standards, specifications and design manuals listed
above, the criteria that provide the higher level of quality and safety shall prevail.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project shall be modified to conform with the
Standard or Special Condition to the satisfaction of the City Engineer.
51. Prior to improvement plan approval the applicant shall obtain the written approval
for the location of fire hydrants by the Ventura County Fire Prevention Division.
(Water improvement plans shall be submitted to Ventura County Waterworks
District No. 1 for approval.)
52. Prior to any work being conducted within any State, County, or City right -of -way,
the applicant shall obtain all necessary encroachment permits from the
appropriate agencies and provide copies of these approved permits and the
plans associated with the permits to the City Engineer.
53. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and
particulate matter (aerosols /dust) generated during construction operations shall
be minimized in accordance with the City of Moorpark standards and the
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standards of the Ventura County Air Pollution Control District (APCD). When an
air pollution Health Advisory with an Air Quality Index of 151 or greater
(Unhealthy or Very Unhealthy) has been issued for the Simi Valley /Moorpark
Area, construction equipment operations (including but not limited to grading,
excavating, earthmoving, trenching, material hauling, and roadway construction)
and related activities shall cease in order to minimize associated air pollutant
emissions.
54. The applicant shall comply with Chapters 9.28, 10.04, 15.26, 17.53 of the
Moorpark Municipal Code standard requirements for construction noise
reduction.
55. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6 -foot high chain link fence, or equivalent barrier around the
construction sites or provision of a licensed security guard. during non -
construction hours, or other means acceptable to the Chief of Police) to prevent
unauthorized persons from entering the work site at any time and to protect the
public from accidents and injury.
56. The applicant shall post in a conspicuous location the construction hour limitation
and make each construction trade aware of the construction hour limitations.
GRADING
57. Prior to the issuance of a grading permit (should an early grading agreement be
approved for this project) or prior to Final Map, the applicant shall post sufficient
surety, in a form acceptable to the City Engineer, guaranteeing completion of all
onsite and offsite improvements required by these Conditions of Approval or the
Municipal Code including, but not limited to grading, street improvements, storm
drain improvements, temporary and permanent Best Management Practice
(BMP) for the control of non -point water discharges, landscaping, fencing, and
bridges. Grading and improvements shall be designed, bonded and constructed
as a single project.
58. Prior to the issuance of a grading permit (should an early grading agreement be
approved for this project) or prior to Final Map, whichever occurs first, the
applicant shall provide written proof to the City Engineer that any and all wells
that may exist or have existed within the project have been properly sealed or
have been destroyed or abandoned, or will be sealed or destroyed in conjunction
with the grading operation, per Ventura County Ordinance No. 2372 or
Ordinance No. 3991 and per Division of Oil and Gas requirements.
FINAL MAP
59. Prior to Final Map approval, the applicant shall obtain City Engineer approval of
all required public improvement and grading plans. The applicant shall enter into
an agreement with the City of Moorpark to complete grading, public
improvements and subdivision monumentation and post sufficient surety
guaranteeing the construction and maintenance of grading' all public
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improvements, and private street and storm drain improvements; construction
and post construction NPDES Best Management Practice; and subdivision
monumentation in a form and in an amount acceptable to the City Engineer. Said
plans shall be prepared by a California Registered Civil Engineer. Said sureties
shall meet the City's requirements for sureties and shall remain in place for one
year following final acceptance of the improvements by the City or until such time
that the City Council shall approve their redemption, whichever is the longer.
Bonds may be reduced in accordance with the Subdivision Map Act.
60. Prior to Final Map approval the applicant shall post sufficient surety in a form and
in an amount acceptable to the City Engineer guaranteeing the payment of
laborers and materialsmen in an amount no less than fifty (50 %) percent of the
faithful performance surety.
PUBLIC AND PRIVATE STREETS
61. Prior to construction of any public improvement the applicant shall submit to the
City Engineer, for review and approval, street improvement plans prepared by a
California Registered Civil Engineer, enter into an agreement with the City of
Moorpark to complete public improvements and post sufficient surety
guaranteeing the construction of all improvements. Unless specifically noted in
these Standard Conditions or Special Conditions of Approval.
62. Prior to issuance of the first building permit all existing and proposed electric
utilities that are less than 67Kv shall be under - grounded as approved by the City
Engineer.
DRAINAGE AND HYDROLOGY
63. For a 10 -year frequency storm, local, residential and private streets shall be
designed to have one dry travel lane available on interior residential streets.
Collector streets shall be designed to have a minimum of one dry travel lane in
each direction.
64. Drainage and improvement plans shall be designed so that after_ development,
drainage to adjacent parcels would not be increased above pre - development
drainage quantities for any stormwater model between and including the 10 -year
and 100 -year storms, nor will surface runoff be concentrated by this project.
Acceptance of storm drain waters by the project and discharge of storm drain
waters from the project shall be in type, kind and nature of predevelopment flows
unless the affected upstream and /or downstream owners provide permanent
easement to accept such changed storm drainage water flow. All drainage
measures necessary to mitigate stormwater flows shall be provided to the
satisfaction of the City Engineer. The applicant shall make any on -site and
downstream improvements, required by the City, to support the proposed
development.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)
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65. The applicant shall submit to the City Engineer a Stormwater Pollution Control
Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in
accordance with requirements of the Ventura Countywide Stormwater Quality
Management Program, Technical Guidance Manual for Stormwater Quality
Control Measures, NPDES Permit No. CAS004002. The Plans shall identify
potential pollutant sources that may affect the quality of discharges to stormwater
and shall include the design and placement of recommended Best Management
Practice (BMP) to effectively prohibit the entry of pollutants from the construction
site into the storm drain system streets and water courses. The Plans shall be
implemented as part of the grading, improvements and development of the
project.
66. Prior to the issuance of any construction /grading permit and /or the
commencement of any clearing, grading or excavation, the applicant shall submit
a Notice of Intent (NOI) to the California State Water Resources Control Board,
Stormwater Permit Unit in accordance with the NPDES Construction General
Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall
also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of
permit application. The improvement plans and grading plans shall contain the
WDID number for the project.
67. Prior to the starting of grading or any ground disturbance the applicant shall
identify a qualified superintendent for NPDES compliance. The NPDES
superintendent shall be present, on the project site Monday through Friday and
on all other days when the probability of rain is 40% or higher and prior to the
start of and during all grading or clearing operations until the release of grading
bonds. The NPDES superintendent shall have full authority to rent equipment
and purchase materials to the extent needed to effectuate Best Management
Practice. The NPDES superintendent shall provide proof of attendance and
satisfactory completion of courses satisfactory to the City Engineer totaling no
less than 8 hours directed specifically to NPDES compliance and effective use of
Best Management Practice. In addition, an NPDES superintendent shall be
designated to assume NPDES compliance during the construction of streets,
storm drainage systems, all utilities, buildings and final landscaping of the site.
MAINTENANCE
68. Unless otherwise stipulated in the Special Conditions of Approval, any median
landscaping constructed by the project for public streets shall be maintained by
the City. An Assessment District shall be formed to fund the City maintenance
costs for any such median landscaping.
69. Unless otherwise stipulated in the Special Conditions of Approval, where not
maintained by a Landscape Maintenance District, parkway landscaping shall be
maintained by a Home Owners' Association, a Property Owners' Association or
by the property owner [collectively herein "Private Responsible Party "]. In such
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Resolution No. 2006 -
Page 20
case, any required landscape easements, shall be conveyed to the Private
Responsible Party.
70. Unless otherwise stipulated in the Special Conditions of Approval, all required
on -site drainage improvements and /or stormwater quality [NPDES] features or
facilities shall be maintained by the Private Responsible Party.
71. When, and if stipulated in the Special Conditions of Approval, that certain
identified parkway landscaping and /or drainage improvements are to be
maintained by the City, an Assessment District shall be formed to fund City costs
for such maintenance. In such event, any required landscaping and /or drainage
improvements shall be conveyed to the City in easements for such purposes.
72. Any Final Map identifying any landscape easement or drainage easement
granted to a Private Responsible Party shall also be irrevocably offered for
dedication to the City and shown on said Final Map. The City reserves the right
to assume the maintenance of parkway landscaping, median landscaping or
drainage improvements being maintained by a Private Responsible Party, should
it be determined by the City, at its sole discretion, that the maintenance being
provided by the Private Responsible Party is inadequate.
73. If required by a Special Condition of Approval, an Assessment District [herein
"Back -Up District "] shall be formed to fund future City costs, should they occur,
for the maintenance of parkway landscaping, median landscaping or drainage
improvements previously maintained by a Private Responsible Party and then
assumed by the City. If a Back -Up District is formed, it shall be the intent of the
City to approve the required assessment each year, but to only levy that portion
of the assessment necessary to recover any past City costs or any anticipated
City costs for the following fiscal year. In the event the City is never required to
assume the maintenance of any such improvements maintained by a Private
Responsible Party, the amount of the annual assessment actually levied upon
the affected properties would be minor amount, possibly zero. The City shall
administer the annual renewal of the Back -Up District and any costs related to
such administration shall be charged to the Fund established for such district
revenues and expenses.
74. When it has been determined that it is necessary to form an Assessment District
(including a Back -Up District), the applicant shall be required to undertake and
complete the following:
a. At least one - hundred - twenty (120) days prior to the planned recordation of
any Final Map or the issuance of any zoning clearance for building permit,
which ever comes first:
i. submit the final draft plans for any irrigation, landscaping or
Drainage Improvements [herein "Maintained Areas "] to be
maintained by the Assessment District (including a required Back -
Up District), along with any required plan checking fees;
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Resolution No. 2006 -
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submit a check in the amount of $5,000 as an advance to cover the
cost of Assessment Engineering for the formation of the
Assessment District [Note: Developer shall be required to pay for all
final actual assessment engineering costs related to the
Assessment District formation along with City administrative costs.];
b. At least sixty (60) days prior to the planned recordation of any Final Map
or the issuance of any zoning clearance for building permit, which ever
comes first, submit to the City the completed, "City approved" plans for the
Maintained Areas (landscaping, irrigation and NPDES Drainage
Improvements);
C. Prior to the planned recordation of any Final Map or the issuance of any
zoning clearance for building permit, which ever comes first, submit to the
City a signed Petition and Waiver requesting formation of the Assessment
District [Note: The Petition and Waiver shall have attached to it as Exhibit
`A' the City approved final draft Engineer's Report prepared by the
Assessment Engineer retained by the City.]
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
75. Prior to the issuance of a Building Permit, the applicant shall provide written proof
that an "Unconditional Will Serve Letter" for water and sewer service has been
obtained from the Ventura County Waterworks District No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL
DISTRICT for compliance with the following conditions:
76. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of persons
or to the public or which endangers the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency to cause
injury or damage to business or property."
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
77. Prior to combustible construction, an all weather access road /driveway and the
first lift of the access road pavement shall be installed. Once combustible
construction starts a minimum twenty (20') foot clear width access road /driveway
shall remain free of obstruction during any construction activities within the
development. All access roads /driveways shall have a minimum vertical
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Resolution No. 2006 -
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clearance of thirteen feet -six inches (13' -6 ") and a minimum outside turning
radius of forty (40') feet.
78. Approved turnaround areas for fire apparatus shall be provided when dead -end
Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall
not exceed a five (5 %) percent cross slope in any direction and shall be located
within one - hundred -fifty (150) feet of the end of the access road /driveway.
79. The access road /driveway shall be extended to within one - hundred -fifty (150)
feet of all portions of the exterior wall of the first story of any building and shall be
in accordance with Fire District access standards. Where the access roadway
cannot be provided, approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
80. When only one (1) access point is provided, the maximum length shall not
exceed eight- hundred (800') feet.
81. Public and private roads shall be named if serving more than four (4) parcels or
as required by the Fire District.
82. Structures greater than 5,000 square feet and /or five (5) miles from a fire station
shall be provided with an automatic fire sprinkler system in accordance with
current Ventura County Fire Protection District Ordinance.
FINAL MAP
83. Prior to recordation of the Final Map(s) proposed street name(s) shall be
submitted to the Community Development Director and the Fire District's
Mapping Unit for review and approval. Approved street names shall be shown on
the Final Map(s). Street name signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with Plate F -4 of the
Ventura County Road Standards.
84. At least fourteen (14) days prior to recordation of any maps, including parcel map
waivers, the applicant shall submit two (2) copies of the map to the Fire
Prevention Division for approval.
85. Within seven (7) days of the recordation of the Final Map(s) an electronic version
of the map shall be provided to the Fire District.
86. Prior to Final Map or prior to the issuance of a building permit, whichever comes
first, the applicant shall provide to the Fire District, written verification from the
water purveyor that the water purveyor can provide the required fire flow as
determined by the Fire District.
DEVELOPMENT REQUIREMENTS
87. Prior to the issuance of a Certificate of Occupancy by the Building Division the
applicant shall submit a plan to the Fire District for review and approval indicating
the method by which this project will be addressed.
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Resolution No. 2006 -
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88. Minimum six (6 ") inch high address numbers shall be installed prior to
occupancy, shall be contrasting color to the background, and shall be readily
visible at night Brass or gold plated number shall not be used. Where structures
are set back more that one - hundred -fifty (150') feet from the street, larger
numbers will be required so that they are distinguishable from the street. In the
event a structure(s) is(are) not visible from the street, the address numbers(s)
shall be posted adjacent to the driveway entrance on an elevated post.
89. Prior to combustible construction, fire hydrants shall be installed to the minimum
standards of the City of Moorpark and the Fire District, and shall be in service.
90. Prior to occupancy of any structure, blue reflective hydrant location markers shall
be placed on the access roads in accordance with Fire District standards. If the
final asphalt cap is not in place at time of occupancy, hydrant location markers
shall still be installed and shall be replaced when the final asphalt cap is
completed.
91. Prior to issuance of a building permit the applicant shall submit a phasing plan
and two (2) site plans (for the review and approval of the location of fire lanes) to
the Fire District.
92. Prior to occupancy the fire lanes shall be posted "NO PARKING FIRE LANE
TOW- AWAY" in accordance with California Vehicle Code and the Fire District.
93. Prior to or concurrently with the issuance of a building permit the applicant shall
submit plans to the Fire District showing the location of the existing hydrants
within three - hundred (300') feet of the proposed project and showing the location,
type and number of proposed hydrants, and the size of the outlets. Fire
hydrant(s) shall be provided in accordance with current adopted edition of the
Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire
hydrants may be required as determined by the Fire District. Fire hydrants, if
required, shall be installed and in service prior to combustible construction and
shall conform to the minimum standard of the Ventura County Waterworks
Manual and the Fire District.
94. Prior to installation of any fire protection system; including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one - hundred or more heads shall be supervised by a
fire alarm system in accordance with Fire District requirements.
95. Prior to installation of the fire alarm system (if required), the applicant shall
submit plans, along with the required fee for plan check, to the Fire District for
review and approval. The fire alarm system shall be installed in all buildings in
accordance with California Building and Fire Code.
96. Prior to the issuance of a certificate of occupancy by the Building Division the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
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Resolution No. 2006 -
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97. Prior to the issuance of a building permit the applicant shall obtain a copy of
Ventura County Fire District Form No. 126 "Requirements for Construction."
98. Prior to framing the applicant shall clear for a distance of one - hundred (100) feet
all grass or brush exposing any structure(s) to fire hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following conditions:
99. The applicant shall comply with the applicable provisions of Ventura County
Waterworks District No. 1 standard procedures for obtaining domestic water and
sewer services for applicant's projects within the District.
100. Prior to issuance of a building permit, provide Ventura County Waterworks
District:
a. Water and sewer improvement plans in the format required.
b. Hydraulic analysis by a registered Civil Engineer to determine the
adequacy of the proposed and existing water and sewer lines.
C. Copy of approval of fire hydrant locations by Ventura County Fire
Protection District.
d. Copy of District Release and Receipt from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Plan check, construction inspection, capital improvement charge, sewer
connection fee and water meter charge.
g. Signed Contract to install all improvements and a Surety Bond.
101. At the time water service connection is made, cross connection control devices
shall be installed on the water system in a manner approved by the Ventura
County Waterworks District No. 1.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
102. Direct storm drain connections to Ventura County Flood Control District facilities
are subject to Ventura County Watershed Protection District permit requirements.
I. Please contact the POLICE DEPARTMENT for compliance with the
following condition:
103. Prior to initiation of the building plan check process for the project, the applicant
shall submit plans in sufficient detail to the Police Department for review and
approval of defensible space concepts to reduce demands on police services. To
the degree feasible and to the satisfaction of the Community Development
Director and the Police Chief, public safety planning recommendations shall be
incorporated into the project plans. The applicant shall prepare a list of project
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Resolution No. 2006 -
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features and design components that demonstrate responsiveness to defensible
space design concepts.
- END -
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